Download or read book Legal pluralism and the colonial legacy Perceptions of justice Popular justice and community regeneration by Kayleen Hazlehurst ed Gower Publishing review written by Bronwyn Fredericks and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Book reviews of three books edited by Kayleen Hazlehurst in which Australian, Canadian and New Zealand writers, both indigenous and non-indigenous discuss colonisation, trauma, political processes, legal systems, injustices, self- determination, self-management, reconciliation.
Download or read book Legal Pluralism and the Colonial Legacy written by Kayleen M. Hazlehurst and published by Aldershot [England] : Avebury. This book was released on 1995 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collection of essays with contributors from Canada, New Zealand and Australia; examines impact of legal and criminal justice systems on Indigenous peoples; places contemporary events in historical context; significant influences and similarities noted; essays on Australian experience annotated individually.
Download or read book Law Reform in Plural Societies written by Teleiai Lalotoa Mulitalo Ropinisone Silipa Seumanutafa and published by Springer. This book was released on 2017-11-04 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asserts that the Pacific Islands continue to struggle with the colonial legacy of plural legal systems, comprising laws and legal institutions from both the common law and the customary legal system. It also investigates the extent to which customary principles and values are accommodated in legislation. Focusing on Samoa, the author argues that South Pacific countries continue to adopt a Western approach to law reform without considering legal pluralism, which often results in laws which are unsuitable and irrelevant to Samoa. In the context of this system of law making, effective law reform in Samoa can only be achieved where the law reform process recognises the legitimacy of the two primary legal systems. The book goes on to present a law reform process that is more relevant and suitable for law making in the Pacific Islands or any post-colonial societies.
Download or read book Postcolonial Politics and Personal Laws written by Rina Verma Williams and published by Oxford University Press, USA. This book was released on 2006 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Placing the contemporary discussion on personal laws in India in historical perspective, this important book views the debate as a critical component of Indian democracy. Balancing the imperatives of multiculturalism, national integration, and gender justice, it affirms that there is a complex continuity between the terms of the debate in the postcolonial Indian state and its colonial counterpart.
Download or read book Legal Pluralism Explained written by Brian Z. Tamanaha and published by Oxford University Press. This book was released on 2021-03-03 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal pluralism involves the coexistence of multiple forms of law. This involves state law, international law, transnational law, customary law, religious law, indigenous law, and the law of distinct ethnic or cultural communities. Legal pluralism is a subject of discussion today in legal anthropology, legal sociology, legal history, postcolonial legal studies, women's rights and human rights, comparative law, international law, transnational law, European Union law, jurisprudence, and law and development scholarship. A great deal of confusion and theoretical disagreement surrounds discussions of legal pluralismwhich this book aims to clarify and help resolve. Drawing on historical and contemporary studiesincluding the Medieval period, the Ottoman Empire, postcolonial societies, Native peoples, Jewish and Islamic law, Western state legal systems, transnational law, as well as othersit shows that the dominant image of the state with a unified legal system exercising a monopoly over law is, and has always been, false and misleading. State legal systems are internally pluralistic in various ways and multiple manifestations of law coexist in every society. This book explains the underlying reasons for and sources of legal pluralism, identifies its various consequences, uncovers its conceptual and normative implications, and resolves current theoretical disputes in ways that are useful for social scientists, theorists, jurists, and law and development scholars and practitioners.
Download or read book Legal Pluralism History Theory and Consequences written by Trent Dunlap and published by Clanrye International. This book was released on 2023-09-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal pluralism refers to the existence of multiple legal systems within a single geographic area or social system. Plural legal systems can be observed in countries which used to be colonies in the past wherein the law of a former colonial authority co-exists with an existing traditional or customary legal system. Globalization promotes legal pluralism as it increases the circulation of legal forms and practices from one country to another. Constitutions, codes, and legal institutions are commonly transplanted often with the intention of reform. Globalization also tends to increase legal pluralism by constructing a global legal order. This includes international commercial law which is encouraged by the increasing flow of transnational commercial activities. This book traces the history, theory, and consequences of legal pluralism. It is appropriate for students seeking detailed information in this area as well as for law experts.
Download or read book Legal Pluralism and Development written by Brian Z. Tamanaha and published by Cambridge University Press. This book was released on 2012-05-28 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous efforts at legal development have focused almost exclusively on state legal systems, many of which have shown little improvement over time. Recently, organizations engaged in legal development activities have begun to pay greater attention to the implications of local, informal, indigenous, religious, and village courts or tribunals, which often are more efficacious than state legal institutions, especially in rural communities. Legal pluralism is the term applied to these situations because these institutions exist alongside official state legal systems, usually in a complex or uncertain relationship. Although academics, especially legal anthropologists and sociologists, have discussed legal pluralism for decades, their work has not been consulted in the development context. Similarly, academics have failed to benefit from the insights of development practitioners. This book brings together, in a single volume, contributions from academics and practitioners to explore the implications of legal pluralism for legal development. All of the practitioners have extensive experience in development projects, the academics come from a variety of backgrounds, and most have written extensively on legal pluralism and on development.
Download or read book African Customary Justice written by Pnina Werbner and published by Routledge. This book was released on 2021-12-29 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an important ethnographic and theoretical advance in legal anthropological scholarship by interrogating customary law, customary courts and legal pluralism in sub-Saharan Africa. It highlights the vitality and continued relevance of customary justice at a time when customary courts have waned or even disappeared in many postcolonial African nations. Taking Botswana as a casestudy from in-depth fieldwork over a fifty-year period, the book shows, the ‘customary’ is robustly enduring, central to settling interpersonal disputes and constitutive of the local as well as the national public ethics. Customary law continues to be constitutionally protected, authorised by the country’s past as an authentic, viable legacy, from the British colonial period of indirect rule to the postcolonial state’s present development as a highly bureaucratised democracy. Along with a theoretical overview of the underlying issues for the anthropology and sociology of law, the book documents customary law as living law in the context of legal pluralism. It takes a legal realist approach and highlights the need to pay close attention to the lived experience of justice and its role in the production of legal subjectivities. The book will be valuable to Africanists but also, more broadly, to social scientists, social historians and socio-legal scholars with interests in law and social change, public ethics and personal morality, and the intersection of politics and judicial decision making.
Download or read book Reimagining Legal Pluralism in Africa written by and published by Brill Nijhoff. This book was released on 2024-08-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a compelling collection that challenges the prevailing conflict of laws approach to the interaction of state and indigenous legal systems. With 13 thought-provoking chapters, it introduces adaptive legal pluralism as an alternative framework that emphasises dialogue and engagement between these legal systems.
Download or read book Colonial Legacies and the Rule of Law in Africa written by Salmon A Shomade and published by Routledge. This book was released on 2021-12-30 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the continued impact of British colonial legacy on the rule of law in Ghana, Kenya, Nigeria, South Africa, and Zimbabwe. The legal system is intended to protect regular citizens, but within the majority of Africa the rule of law remains infused with Eurocentric cultural and linguistic tropes, which can leave its supposed beneficiaries feeling alienated from the structures intended to protect them. This book traces the impact, effect, opportunities, and challenges that the colonial legacy poses for the rule of law across Ghana, Kenya, Nigeria, South Africa, and Zimbabwe. The book examines the similarities and differences of the colonial legacy on the current legal landscape of each nation and the intersection with the rule of law. This important comparative study will be of interest to scholars of Political Science, International Studies, Law, African Politics, and British Colonial History.
Download or read book Colonialism and Its Legacies written by Jacob T. Levy and published by Lexington Books. This book was released on 2011-05-31 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Colonialism and Its Legacy brings together essays by leading scholars in both the fields of political theory and the history of political thought about European colonialism and its legacies, and postcolonial social and political theory. The essays explore the ways in which European colonial projects structured and shaped much of modern political theory, how concepts from political philosophy affected and were realized in colonial and imperial practice, and how we can understand the intellectual and social world left behind by a half-millennium of European empires. The volume ranges from the beginning of modernity to the present day, examining colonialism and colonial legacies in India, Africa, Latin America, and North America.
Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press, USA. This book was released on 2020-09-24 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Download or read book Crafting a Republic for the World written by Lina del Castillo and published by U of Nebraska Press. This book was released on 2018-06 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of independence, Spanish American leaders perceived the colonial past as looming over their present. Crafting a Republic for the World examines how the vibrant postcolonial public sphere in Colombia invented narratives of the Spanish “colonial legacy.” Those supposed legacies included a lack of effective geographic knowledge, blockages to a circulatory political economy, existing patterns of land tenure, entrenched inequalities, and ignorance among popular sectors. At times collaboratively, and at times combatively, Colombian leaders tackled these “colonial” legacies to forge a republic in a hostile world of monarchies and empires. The highly partisan, yet uniformly republican public sphere crafted a vision of a virtuous nation that, unlike the United States, had already abolished slavery and included Indians as citizens. By the mid-nineteenth century, as suffrage expanded to all males over twenty-one, Colombian elites nevertheless tinkered with territorial divisions and devised new constitutions to manage the alleged “colonial legacy” affecting the minds of popular voters. The book explores how the struggle to be at the vanguard of radical republican equality fomented innovative contributions to social sciences, including geography, cartography, political ethnography, constitutional science, history, and the calculation of equity through land reform. Paradoxically, these efforts created a kind of legal pluralism reminiscent of the Spanish monarchy during the “colonial” period.
Download or read book Corruption and Justice in Colonial Mexico 1650 1755 written by Christoph Rosenmüller and published by Cambridge University Press. This book was released on 2019-05-02 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides the first detailed analysis of the evolution of the concept of corruption in colonial Mexico.
Download or read book A History of Law in Canada Volume One written by Philip Girard and published by University of Toronto Press. This book was released on 2018-12-21 with total page 928 pages. Available in PDF, EPUB and Kindle. Book excerpt: A History of Law in Canada is an important three-volume project. Volume One begins at a time just prior to European contact and continues to the 1860s, Volume Two covers the half century after Confederation, and Volume Three covers the period from the beginning of the First World War to 1982, with a postscript taking the account to approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada – the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.
Download or read book Define and Rule written by Mahmood Mamdani and published by Harvard University Press. This book was released on 2012-10-30 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: Define and Rule focuses on the turn in late nineteenth-century colonial statecraft when Britain abandoned the attempt to eradicate difference between conqueror and conquered and introduced a new idea of governance, as the definition and management of difference. Mahmood Mamdani explores how lines were drawn between settler and native as distinct political identities, and between natives according to tribe. Out of that colonial experience issued a modern language of pluralism and difference. A mid-nineteenth-century crisis of empire attracted the attention of British intellectuals and led to a reconception of the colonial mission, and to reforms in India, British Malaya, and the Dutch East Indies. The new politics, inspired by Sir Henry Maine, established that natives were bound by geography and custom, rather than history and law, and made this the basis of administrative practice. Maine’s theories were later translated into “native administration” in the African colonies. Mamdani takes the case of Sudan to demonstrate how colonial law established tribal identity as the basis for determining access to land and political power, and follows this law’s legacy to contemporary Darfur. He considers the intellectual and political dimensions of African movements toward decolonization by focusing on two key figures: the Nigerian historian Yusuf Bala Usman, who argued for an alternative to colonial historiography, and Tanzania’s first president, Mwalimu Julius Nyerere, who realized that colonialism’s political logic was legal and administrative, not military, and could be dismantled through nonviolent reforms.
Download or read book Red Skin White Masks written by Glen Sean Coulthard and published by U of Minnesota Press. This book was released on 2014-08-15 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: WINNER OF: Frantz Fanon Outstanding Book from the Caribbean Philosophical Association Canadian Political Science Association’s C.B. MacPherson Prize Studies in Political Economy Book Prize Over the past forty years, recognition has become the dominant mode of negotiation and decolonization between the nation-state and Indigenous nations in North America. The term “recognition” shapes debates over Indigenous cultural distinctiveness, Indigenous rights to land and self-government, and Indigenous peoples’ right to benefit from the development of their lands and resources. In a work of critically engaged political theory, Glen Sean Coulthard challenges recognition as a method of organizing difference and identity in liberal politics, questioning the assumption that contemporary difference and past histories of destructive colonialism between the state and Indigenous peoples can be reconciled through a process of acknowledgment. Beyond this, Coulthard examines an alternative politics—one that seeks to revalue, reconstruct, and redeploy Indigenous cultural practices based on self-recognition rather than on seeking appreciation from the very agents of colonialism. Coulthard demonstrates how a “place-based” modification of Karl Marx’s theory of “primitive accumulation” throws light on Indigenous–state relations in settler-colonial contexts and how Frantz Fanon’s critique of colonial recognition shows that this relationship reproduces itself over time. This framework strengthens his exploration of the ways that the politics of recognition has come to serve the interests of settler-colonial power. In addressing the core tenets of Indigenous resistance movements, like Red Power and Idle No More, Coulthard offers fresh insights into the politics of active decolonization.
