Download or read book Reimagining Legal Pluralism in Africa written by and published by BRILL. This book was released on 2024-06-06 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection challenges the prevailing conflict of laws approach to the interaction of state and indigenous legal systems. It introduces adaptive legal pluralism as an alternative framework that emphasises dialogue and engagement between these legal systems. By exploring a dialogic approach to legal pluralism, the authors shed light on how it can effectively address the challenges stemming from the colonial imposition of industrial legal systems on Africa’s agrarian political economies.
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 The Routledge Handbook of African Law written by Muna Ndulo and published by Routledge. This book was released on 2021-11-23 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of African Law provides a comprehensive, critical overview of the contemporary legal terrain in Africa. The international team of expert contributors adopt an analytical and comparative approach so that readers can see the nexus between different jurisdictions and different legal traditions across the continent. The volume is divided into five parts covering: Legal Pluralism and African Legal Systems The State, Institutions, Constitutionalism, and Democratic Governance Economic Development, Technology, Trade, and Investment Human Rights, Gender-Based Violence, and Access to Justice International Law, Institutions, and International Criminal Law Providing important insights into both the specific contexts of African legal systems and the ways in which these legal traditions intersect with the wider world, this handbook will be an essential resource for academics, researchers, lawyers, and graduate and undergraduate students studying this ever-evolving field.
Download or read book Introduction to Legal Pluralism in South Africa written by Christa Rautenbach and published by . This book was released on 2021 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Pluralism in South Africa written by Lesala L. Mofokeng and published by Van Schaik Publishers. This book was released on 2009-01-01 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Pluralism in Africa written by Nigerian Institute of Advanced Legal Studies and published by . This book was released on 2012 with total page 812 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Normative Spaces and Legal Dynamics in Africa written by Katrin Seidel and published by Routledge. This book was released on 2020-06-09 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: African legal realities reflect an intertwining of transnational, regional, and local normative frameworks, institutions, and practices that challenge the idea of the sovereign territorial state. This book analyses the novel constellations of governance actors and conditions under which they interact and compete. The work follows a spatial approach as the emphasis on normative spaces opens avenues to better understand power relations, processes of institutionalization, and the production of legitimacy and normativities themselves. Selected case studies from thirteen African countries deliver new empirical data and grounded insights from, and into, particular normative spaces. The individual chapters explore the interrelationships between various normative orders, diverse actors, and their influences. The encounters between different normative understandings and actors open up space and multiple forums for negotiating values. The authors analyse how different doctrines, institutions, and practices are constructed, contested, negotiated, and adapted in translation processes and thereby continuously reshape Africa’s multidimensional normative spaces. The volume delivers nuanced views of jurisprudence in Africa and presents an excellent resource for scholars and students of anthropology, legal geography, legal studies, sociology, political sciences, international relations, African studies, and anyone wishing to gain a better understanding of how legal constellations are shaped by unreflected assumptions about the state and the rule of law.
Download or read book Fictions of Justice written by Kamari Maxine Clarke and published by Cambridge University Press. This book was released on 2009-05-25 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how notions of justice are negotiated through everyday micropractices and grassroots contestations of those practices.
Download or read book The Governance of Legal Pluralism written by Werner Zips and published by LIT Verlag Münster. This book was released on 2011 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law is considered by lawyers and sociologists to be at the very center of social integration in Western societies, whereas social anthropological discourses regard law as marginal in non-Western societies. Empirical studies of multi-sited legal frameworks in many post-colonial political settings demonstrate the difficulties to achieve any predictable mode of governance, much less "good governance." This book challenges both the marginalization of legal arrangements and discourses in social anthropology, as well as the marginalization of legal anthropology within social anthropology. It combines the related fields of Political and Legal Anthropology in order to contribute towards a meaningful (re)integration of the anthropology of law into the mainstream of social anthropology. (Series: Ethnologie: Forschung und Wissenschaft - Vol. 12)
Download or read book Religious Freedom and Religious Pluralism in Africa written by Pieter Coertzen and published by AFRICAN SUN MeDIA. This book was released on 2016-05-22 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÿAfrica continues to be a region with strong commitments to religious freedom and religious pluralism. These, however, are rarely mere facts on the ground ? they are legal, political, social, and theological projects that require considerable effort to realise. This volume ? compiling the proceedings of the third annual conference of the African Consortium for Law and Religion Studies ? focuses on various issues which vastly effect the understanding of religious pluralism in Africa. These include, amongst others, religious freedom as a human right, the importance of managing religious pluralism, and the permissibility of religious practice and observance in South African public schools.
Download or read book INTRODUCTION TO LEGAL PLURALISM IN SOUTH AFRICA written by RAUTENBACH. and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Religion Law Politics and the State in Africa written by Seth Tweneboah and published by Routledge. This book was released on 2019-09-25 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Applying a legal pluralist framework, this study examines the complex interrelationships between religion, law and politics in contemporary Ghana, a professedly secular State characterised by high levels of religiosity. It aims to explore legal, cultural and moral tensions created by overlapping loci of authority (state actors, traditional leaders and religious functionaries). It contends that religion can function as an impediment to Ghana’s secularity and also serve as an integral tool for realising the State’s legal ideals and meeting international human rights standards. Using three case studies – legal tensions, child witchcraft accusations and same-sex partnerships – the study illustrates the ways that the entangled and complicated connections between religion and law compound Ghana’s secular orientation. It suggests that legal pluralism is not a mere analytical framework for describing tensions, but ought to be seen as part of the solution. The study contributes to advancing knowledge in the area of the interrelationships between religion and law in contemporary African public domain. This book will be a valuable resource for those working in the areas of Law and Religion, Religious Studies, African Studies, Political Science, Legal Anthropology and Socio-legal Studies.
Download or read book Legal Pluralism in Ethiopia written by Susanne Epple and published by transcript Verlag. This book was released on 2020-07-31 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: Being a home to more than 80 ethnic groups, Ethiopia has to balance normative diversity with efforts to implement state law across its territory. This volume explores the co-existence of state, customary, and religious legal forums from the perspective of legal practitioners and local justice seekers. It shows how the various stakeholders' use of negotiation, and their strategic application of law can lead to unwanted confusion, but also to sustainable conflict resolution, innovative new procedures and hybrid norms. The book thus generates important knowledge on the conditions necessary for stimulating a cooperative co-existence of different legal systems.
Download or read book Introduction to Legal Pluralism in South Africa Customary law written by J. C. Bekker and published by . This book was released on 2002 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Non State Justice Institutions and the Law written by M. Kötter and published by Springer. This book was released on 2015-02-02 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on decision-making by non-state justice institutions at the interface of traditional, religious, and state laws. The authors discuss the implications of non-state justice for the rule of law, presenting case studies on traditional councils and courts in Pakistan, South Sudan, Ethiopia, Bolivia and South Africa.
Download or read book Introduction to Legal Pluralism in South Africa written by and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
