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Author : Armando Marques Guedes
Publisher :
ISBN 13 :
Total Pages : 278 pages
Book Rating : 4.F/5 ( download)
Download or read book State and Traditional Law in Angola and Mozambique written by Armando Marques Guedes and published by . This book was released on 2007 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Olaf Zenker
Publisher : Routledge
ISBN 13 : 1317014790
Total Pages : 395 pages
Book Rating : 4.3/5 (17 download)
Download or read book The State and the Paradox of Customary Law in Africa written by Olaf Zenker and published by Routledge. This book was released on 2018-02-02 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary law and traditional authorities continue to play highly complex and contested roles in contemporary African states. Reversing the common preoccupation with studying the impact of the post/colonial state on customary regimes, this volume analyses how the interactions between state and non-state normative orders have shaped the everyday practices of the state. It argues that, in their daily work, local officials are confronted with a paradox of customary law: operating under politico-legal pluralism and limited state capacity, bureaucrats must often, paradoxically, deal with custom – even though the form and logic of customary rule is not easily compatible and frequently incommensurable with the form and logic of the state – in order to do their work as a state. Given the self-contradictory nature of this endeavour, officials end up processing, rather than solving, this paradox in multiple, inconsistent and piecemeal ways. Assembling inventive case studies on state-driven land reforms in South Africa and Tanzania, the police in Mozambique, witchcraft in southern Sudan, constitutional reform in South Sudan, Guinea’s long durée of changing state engagements with custom, and hybrid political orders in Somaliland, this volume offers important insights into the divergent strategies used by African officials in handling this paradox of customary law and, somehow, getting their work done.
Author : Deborah Isser
Publisher : US Institute of Peace Press
ISBN 13 : 1601270666
Total Pages : 402 pages
Book Rating : 4.6/5 (12 download)
Download or read book Customary Justice and the Rule of Law in War-torn Societies written by Deborah Isser and published by US Institute of Peace Press. This book was released on 2011 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The major peacekeeping and stability operations of the last ten years have mostly taken place in countries that have pervasive customary justice systems, which pose significant challenges and opportunities for efforts to reestablish the rule of law. These systems are the primary, if not sole, means of dispute resolution for the majority of the population, but post-conflict practitioners and policymakers often focus primarily on constructing formal justice institutions in the Western image, as opposed to engaging existing traditional mechanisms. This book offers insight into how the rule of law community might make the leap beyond rhetorical recognition of customary justice toward a practical approach that incorporates the realities of its role in justice strategies."Customary Justice and the Rule of Law in War-Torn Societies" presents seven in-depth case studies that take a broad interdisciplinary approach to the study of the justice system. Moving beyond the narrow lens of legal analysis, the cases Mozambique, Guatemala, East Timor, Afghanistan, Liberia, Iraq, Sudan examine the larger historical, political, and social factors that shape the character and role of customary justice systems and their place in the overall justice sector. Written by resident experts, the case studies provide advice to rule of law practitioners on how to engage with customary law and suggest concrete ways policymakers can bridge the divide between formal and customary systems in both the short and long terms. Instead of focusing exclusively on ideal legal forms of regulation and integration, this study suggests a holistic and flexible palette of reform options that offers realistic improvements in light of social realities and capacity limitations. The volume highlights how customary justice systems contribute to, or detract from, stability in the immediate post-conflict period and offers an analytical framework for assessing customary justice systems that can be applied in any country. "
Author : Ørnulf Gulbrandsen
Publisher : Berghahn Books
ISBN 13 : 0857452983
Total Pages : 363 pages
Book Rating : 4.8/5 (574 download)
Download or read book The State and the Social written by Ørnulf Gulbrandsen and published by Berghahn Books. This book was released on 2012-03-01 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Botswana has been portrayed as a major case of exception in Africa—as an oasis of peace and harmony with an enduring parliamentary democracy, blessed with remarkable diamond-driven economic growth. Whereas the “failure” of other states on the continent is often attributed to the prevalence of indigenous political ideas and structures, the author argues that Botswana’s apparent success is not the result of Western ideas and practices of government having replaced indigenous ideas and structures. Rather, the postcolonial state of Botswana is best understood as a unique, complex formation, one that arose dialectically through the meeting of European ideas and practices with the symbolism and hierarchies of authority, rooted in the cosmologies of indigenous polities, and both have become integral to the formation of a strong state with a stable government. Yet there are destabilizing potentialities in progress due to emerging class conflict between all the poor sections of the population and the privileged modern elites born of the expansion of a beef and diamond-driven political economy, in addition to conflicts between dominant Tswana and vast other ethnic groups. These transformations of the modern state are viewed from the long-term perspectives of precolonial and colonial genealogies and the rise of structures of domination, propelled by changing global forces.
Author : Berihun Adugna Gebeye
Publisher : Oxford University Press
ISBN 13 : 0192646141
Total Pages : 272 pages
Book Rating : 4.1/5 (926 download)
Download or read book A Theory of African Constitutionalism written by Berihun Adugna Gebeye and published by Oxford University Press. This book was released on 2021-07-08 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Theory of African Constitutionalism asks and seeks to answer why we need a new theoretical framework for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms. By locating constitutional studies in Africa within the experiences, interactions, and contestations of power and governance beginning in precolonial times, the book presents the development and transformation of African constitutional systems across time and place, along with the attendant constitutional designs and practices ranging from the nature and operation of the African state to its vertical and horizontal government structures, to its constitutional rights regime. This title offers both a theoretically and comparatively rich, historically and contextually informed, and temporally and spatially extensive account of the nature, travails, and incremental successes of African constitutionalism with detailed case studies from Nigeria, Ethiopia, and South Africa. A Theory of African Constitutionalism provides scholars, policymakers, governments, and constitution builders in Africa and beyond with new insights for reimagining the purpose, substance, and scope of constitutions and constitutionalism.
Author : L. Buur
Publisher : Springer
ISBN 13 : 0230609716
Total Pages : 248 pages
Book Rating : 4.2/5 (36 download)
Download or read book State Recognition and Democratization in Sub-Saharan Africa written by L. Buur and published by Springer. This book was released on 2007-11-26 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Being critical and empirically grounded, the book explores the complex, often counter-balancing consequences of the involvement of traditional authority in the wave of democratization and liberal-style state-building that has rolled over sub-Saharan Africa in the past decade.
Author : Tina Lorizzo
Publisher : Taylor & Francis
ISBN 13 : 1040011063
Total Pages : 109 pages
Book Rating : 4.0/5 (4 download)
Download or read book Community Courts and Postcolonial Legal Pluralism written by Tina Lorizzo and published by Taylor & Francis. This book was released on 2024-04-02 with total page 109 pages. Available in PDF, EPUB and Kindle. Book excerpt: By focusing on the role of community courts in Mozambique, this book offers a postcolonial perspective on legal pluralism. In Mozambique, judicial courts are distant and expensive, and legal terminology is incomprehensible to the majority of people. As such, Mozambicans continue to rely on different normative systems to resolve their disputes – systems that have always been considered to be closer, cheaper and faster than judicial courts. This book analyses the functioning of community courts in the Mozambican capital city of Maputo. As it considers how the past shapes the relationship of the state with community courts, the book uncovers the Eurocentrism of mainstream discourses and practices of criminal justice. In response, it develops a postcolonial account of legal pluralism. By arguing that community courts can therefore be seen as the form of an otherwise neglected local knowledge, the book discusses their overlooked importance in improving widespread access to criminal justice. This book will be of value to scholars working in the areas of legal pluralism and postcolonialism and others with interest in criminal justice.
Author : Cameron R. Hume
Publisher : US Institute of Peace Press
ISBN 13 :
Total Pages : 190 pages
Book Rating : 4.3/5 (91 download)
Download or read book Ending Mozambique's War written by Cameron R. Hume and published by US Institute of Peace Press. This book was released on 1994 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: He delineates the separate roles played by the parties themselves (the government and RENAMO), the outside governments that intervened, and the mediators, with a special focus on the unique element in this peace process: the involvement of a private voluntary organization, the Community of Sant'Egidio.
Author :
Publisher :
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4.F/5 ( download)
Download or read book Land Tenure, Housing Rights and Gender in Mozambique written by and published by . This book was released on 2005 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Charles M. Fombad
Publisher : Oxford University Press
ISBN 13 : 0191077917
Total Pages : 444 pages
Book Rating : 4.1/5 (91 download)
Download or read book Separation of Powers in African Constitutionalism written by Charles M. Fombad and published by Oxford University Press. This book was released on 2016-03-03 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new series Stellenbosch Handbooks in African Constitutional Law will engage with contemporary issues of constitutionalism in Africa, filling a notable gap in African comparative constitutional law. Separation of Powers in African Constitutionalism is the first in the series, examining one of the critical measures introduced by African constitutional designers in their attempts to entrench an ethos of constitutionalism on the continent. Taking a critical look at the different ways in which attempts have been made to separate the different branches of government, the Handbook examines the impact this is having on transparent and accountable governance. Beginning with an overview of constitutionalism in Africa and the different influences on modern African constitutional developments, it looks at the relationship between the legislature and the executive as well as the relationship between the judiciary and the political branches. Despite differences in approaches between the different constitutional cultures that have influenced developments in Africa, there remain common problems. One of these problems is the constant friction in the relationship between the three branches and the resurgent threats of authoritarianism which clearly suggest that there remain serious problems in both constitutional design and implementation. The book also studies the increasing role being played by independent constitutional institutions and how they complement the checks and balances associated with the traditional three branches of government.
Author : Bruce Kapferer
Publisher : Berghahn Books
ISBN 13 : 9781845455835
Total Pages : 344 pages
Book Rating : 4.4/5 (558 download)
Download or read book Crisis of the State written by Bruce Kapferer and published by Berghahn Books. This book was released on 2009 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzing both historical contexts and geographical locations, this volume explores the continuous reformation of state power and its potential in situations of violent conflict. The state, otherwise understood as an abstract and transcendent concept in many works on globalization in political philosophy, is instead located and analyzed here as an embedded part of lived reality. This relationship to the state is exposed as an integral factor to the formation of the social - whether in Africa, the Middle East, South America or the United States. Through the examination of these particular empirical settings of war or war-like situations, the book further argues for the continued importance of the state in shifting social and political circumstances. In doing so, the authors provide a critical contribution to debates within a broad spectrum of fields that are concerned with the future of the state, the nature of sovereignty, and globalization.
Author : Charles M. Fombad
Publisher : Oxford University Press
ISBN 13 : 0192585037
Total Pages : 673 pages
Book Rating : 4.1/5 (925 download)
Download or read book Decentralization and Constitutionalism in Africa written by Charles M. Fombad and published by Oxford University Press. This book was released on 2019-09-10 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays assesses the efforts of African governments to constitutionalise decentralisation, be it in the form of federalism, local government or traditional authorities. Since the end of the Cold War jurisdictions across Africa have witnessed an ostensible return to multi-party democracy within the paradigm of constitutionalism and the rule of law. Linked to the democratisation process, many countries took steps to decentralize power by departing from the heavily centralized systems inherited from colonial regimes. The centralization of power, typically characterized by the personalization and concentration of power in the hands of leaders and privileged elites in capital cities, mostly resulted in repressive regimes and fragile states. As decentralisation is a response to these challenges, this volume analyses the dynamic relationship between the efforts to implement decentralization and presence or absence of constitutionalism. This volume examines a variety of forms and degrees of decentralization found across Africa. It advances a new understanding of trends and patterns and facilitates the exchange of ideas among African governments and scholars about the critical role that decentralisation may play in democratization of and constitutionalism in Africa.
Author : Bronwen Manby
Publisher : African Minds
ISBN 13 : 1936133296
Total Pages : 121 pages
Book Rating : 4.9/5 (361 download)
Download or read book Citizenship Law in Africa written by Bronwen Manby and published by African Minds. This book was released on 2012-07-27 with total page 121 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few African countries provide for an explicit right to a nationality. Laws and practices governing citizenship leave hundreds of thousands of people in Africa without a country to which they belong. Statelessness and discriminatory citizenship practices underlie and exacerbate tensions in many regions of the continent, according to this report by the Open Society Institute. Citizenship Law in Africa is a comparative study by the Open Society Justice Initiative and Africa Governance Monitoring and Advocacy Project. It describes the often arbitrary, discriminatory, and contradictory citizenship laws that exist from state to state, and recommends ways that African countries can bring their citizenship laws in line with international legal norms. The report covers topics such as citizenship by descent, citizenship by naturalization, gender discrimination in citizenship law, dual citizenship, and the right to identity documents and passports. It describes how stateless Africans are systematically exposed to human rights abuses: they can neither vote nor stand for public office; they cannot enroll their children in school, travel freely, or own property; they cannot work for the government.--Publisher description.
Author : Rachel Sieder
Publisher : Routledge
ISBN 13 : 1136191569
Total Pages : 260 pages
Book Rating : 4.1/5 (361 download)
Download or read book Gender Justice and Legal Pluralities written by Rachel Sieder and published by Routledge. This book was released on 2013-06-17 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gender Justice and Legal Pluralities: Latin American and African Perspectives examines the relationship between legal pluralities and the prospects for greater gender justice in developing countries. Rather than asking whether legal pluralities are ‘good’ or ‘bad’ for women, the starting point of this volume is that legal pluralities are a social fact. Adopting a more anthropological approach to the issues of gender justice and women’s rights, it analyzes how gendered rights claims are made and responded to within a range of different cultural, social, economic and political contexts. By examining the different ways in which legal norms, instruments and discourses are being used to challenge or reinforce gendered forms of exclusion, contributing authors generate new knowledge about the dynamics at play between the contemporary contexts of legal pluralities and the struggles for gender justice. Any consideration of this relationship must, it is concluded, be located within a broader, historically informed analysis of regimes of governance.
Author : Patrick McAuslan
Publisher : Routledge
ISBN 13 : 113461635X
Total Pages : 308 pages
Book Rating : 4.1/5 (346 download)
Download or read book Land Law Reform in Eastern Africa: Traditional or Transformative? written by Patrick McAuslan and published by Routledge. This book was released on 2013-06-26 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Land Law Reform in East Africa reviews development and changes in the statutory land laws of 7 countries in Eastern Africa over the period 1961 – 2011. The book is divided into two parts. Part 1 sets up the conceptual framework for consideration of the reforms, and pursues a contrast between transformational and traditional developments; where the former aim at change designed to ensure social justice in land laws, and the latter aim to continue the overall thrust of colonial approaches to land laws and land administration. Part 2 provides an in-depth and critical survey of the land law reforms introduced into each country during the era of land law reform which commenced around 1990. The overall effect of the reforms has, Patrick McAuslan argues, been traditional: it was colonial policy to move towards land markets, individualisation of land tenure and the demise of customary tenure, all of which characterise the post 1990 reforms. The culmination of over 50 years of working in this area, Land Law Reform in East Africa will be invaluable reading for scholars of land law, and of law and development more generally.
Author :
Publisher :
ISBN 13 :
Total Pages : 128 pages
Book Rating : 4.:/5 (31 download)
Download or read book The JAG Journal written by and published by . This book was released on 1978 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 400 pages
Book Rating : 4.:/5 (31 download)
Download or read book The Department of Labor's 2001 Findings on the Worst Forms of Child Labor written by and published by . This book was released on 2002 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt:
