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The Harmonisation Of The Common Law And The Indigenous Law
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Book Synopsis The Harmonisation of the Common Law and the Indigenous Law by : South African Law Commission
Download or read book The Harmonisation of the Common Law and the Indigenous Law written by South African Law Commission and published by Commission. This book was released on 1999 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes bibliographical references (p. xii-xv).
Book Synopsis The Future of African Customary Law by : Jeanmarie Fenrich
Download or read book The Future of African Customary Law written by Jeanmarie Fenrich and published by Cambridge University Press. This book was released on 2011-07-18 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. It considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form and status from legislation and common law.
Book Synopsis Legal Traditions of the World by : H. Patrick Glenn
Download or read book Legal Traditions of the World written by H. Patrick Glenn and published by Oxford University Press, USA. This book was released on 2014 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Traditions of the World places national laws in the broader context of major legal traditions, those of chthonic (or indigenous) law, talmudic law, civil law, Islamic law, common law, Hindu law and Confucian law. Each tradition is examined in terms of its institutions and substantive law, its founding concepts and methods, its attitude towards the concept of change and its teaching on relations with other traditions and peoples. The concept of legal tradition is explained as non-conflict in character and compatible with new and inclusive forms of logic.
Book Synopsis A Sourcebook of African Customary Law for Southern Africa by : T. W. Bennett
Download or read book A Sourcebook of African Customary Law for Southern Africa written by T. W. Bennett and published by . This book was released on 1991-01-01 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Customary Law by : South African Law Commission
Download or read book Customary Law written by South African Law Commission and published by . This book was released on 2000 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis African Customary Law in South Africa by : I.P. Maithufi
Download or read book African Customary Law in South Africa written by I.P. Maithufi and published by Oxford University Press, USA. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: African Customary Law in South Africa: Post-Apartheid and Living Law Perspectives provides a clear introduction to indigenous law in South Africa. The text provides a structure for understanding the nature and overarching system of customary law, illustrating its distinctness in relation to other areas of law, and exploring the dynamic precepts and values of living customary law. The text suggests an approach which supports harmonisation of customary law precepts and values with the common law and Western constitutional jurisprudence, and offers an authentic, culturally sensitive framework within which contentious issues might be resolved. The text is pedagogically designed to assist learning and the development of academic skills, encouraging readers to develop an approach of independent enquiry and analysis. This text is suited as core course material for students who are studying African Customary Law, Indigenous Law, or Legal Diversity as a module of the LLB degree. It also serves as a useful first reference for scholars who are interested in this field of law, legal practitioners, magistrates and judges. The following teaching resources complement the text, and are available to lecturers, to support teaching and learning: PowerPoint slide presentation Application questions
Book Synopsis Non-State Justice Institutions and the Law by : M. Kötter
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.
Book Synopsis Minority Protection in Post-Apartheid South Africa by : Kristin Henrard
Download or read book Minority Protection in Post-Apartheid South Africa written by Kristin Henrard and published by Bloomsbury Publishing USA. This book was released on 2002-08-30 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Accommodation of population diversity is a vital issue for any multinational society. The legacy of Apartheid in South Africa complicates this effort considerably. Henrard introduces a theoretical framework regarding how to accommodate minority protection in the most appropriate way and analyzes the respective contributions of individual rights, minority rights, and the right to self-determination. Subsequent chapters examine the case study of post-apartheid South Africa and attempt to investigate its constitutional development. Henrard finds that provisions within the 1996 Constitution do acknowledge an interrelation between these three important factors; however, implementation of minority protection policy is often quite a different matter. In seeking appropriate means of minority protection, this study stresses inclusionism, integration, and the essential right to identity and real equality. While Henrard reviews and discusses the entire democratic transformation process in South Africa, she cautions that, because current developments are characterized by their unsettled nature, major transformation and flux, analysis of the implementation phase can be only indicative. The apartheid history does not in itself inhibit progressive stances on this important issue. Still, despite the promising nature of the 1996 Constitution, the picture that emerges in terms of policy development aimed at minority protection is ambivalent.
Book Synopsis UBuntu and the Law by : Nyoko Muvangua
Download or read book UBuntu and the Law written by Nyoko Muvangua and published by Fordham Univ Press. This book was released on 2012 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together the uBuntu jurisprudence of South Africa, as well as the most cutting-edge critical essays about South African jurisprudence on uBuntu. Can indigenous values be rendered compatible with a modern legal system? This book raises some of the most pressing questions in cultural, political, and legal theory.
Book Synopsis Incorporating Indigenous Rights in the International Regime on Biodiversity Protection by : Federica Cittadino
Download or read book Incorporating Indigenous Rights in the International Regime on Biodiversity Protection written by Federica Cittadino and published by BRILL. This book was released on 2019-08-12 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Incorporating Indigenous Rights in the International Regime on Biodiversity Protection, Federica Cittadino convincingly interprets the Convention on Biological Diversity (CBD) and its related instruments in light of indigenous rights and the principle of self-determination. Cittadino’s harmonisation of these formally separated regimes serves at least two main purposes. First, it ensures respect for the human rights framework that protects indigenous rights whilst implementing the biodiversity regime. Second, harmonisation allows for the full operationalisation of the indigenous related provisions of the CBD framework that concern traditional knowledge, genetic resources, and protected areas. Federica Cittadino successfully demonstrates that the CBD may allow for the protection of indigenous rights in ways that are more advanced than under current human rights law.
Book Synopsis Transnational Legal Orders by : Terence C. Halliday
Download or read book Transnational Legal Orders written by Terence C. Halliday and published by Cambridge University Press. This book was released on 2015-01-19 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
Book Synopsis Citizenship Law in Africa by : Bronwen Manby
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.
Book Synopsis Reimagining Legal Pluralism in Africa by :
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.
Book Synopsis Routledge Handbook of International Human Rights Law by : Scott Sheeran
Download or read book Routledge Handbook of International Human Rights Law written by Scott Sheeran and published by Routledge. This book was released on 2014-08-07 with total page 1062 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of International Human Rights Law provides the definitive global survey of the discipline of international human rights law. Each chapter is written by a leading expert and provides a contemporary overview of a significant area within the field. As well as covering topics integral to the theory and practice of international human rights law the volume offers a broader perspective though examinations of the ways in which human rights law interacts with other legal regimes and other international institutions, and by addressing the current and future challenges facing human rights. Providing up-to-date and authoritative articles covering key aspects of international human rights law, this book work is an essential work of reference for scholars, practitioners and students alike. Chapter 35 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://www.routledgehandbooks.com/doi/10.4324/9780203481417.ch35
Book Synopsis Human Rights in Development Yearbook 2003 by : Lone Lindholt
Download or read book Human Rights in Development Yearbook 2003 written by Lone Lindholt and published by Martinus Nijhoff Publishers. This book was released on 2005 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of this volume is on the various forms of local, informal and/or customary law and their interaction with human rights.
Book Synopsis The Selfless Constitution by : Stu Woolman
Download or read book The Selfless Constitution written by Stu Woolman and published by African Books Collective. This book was released on 2021-07-28 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do you possess 'freedom'-the will to do as you choose-as an individual, as a participant in social affairs or as a citizen in the political realm? Well, no. Not really. At least not as most of us understand a term loaded down with metaphysical baggage. Don't worry. You've got something better: a neurological system capable of carrying out the most complex analytical and computational tasks; membership in innumerable communities that provide you with huge stores of knowledge and wisdom; and a politico-constitutional order that ought to provide the material and the immaterial conditions that will enable you to pursue a life worth valuing. Drop the simplistic folk-psychology of unfettered freedom, whilst holding on to intentionality, and you might be inclined to adopt a set of social practices and political arrangements that enhance the chances that you and your compatriots will flourish. As many recent studies of consciousness reveal our neurological systems are complex feedback mechanisms designed to create myriad for trial and error and (if you survive) the production of new stores of knowledge. Individuals-comprised of numerous radically heterogeneous, naturally and socially determined selves-are always experimenting, attempting to divine through reflection and action, what 'works' best: even when 'best' means fully embracing who we already are. Choice architects, those persons charged with constructing the environments within which we operate daily, should (if responsible) regularly run experiments that attempt to eliminate biases, and ultimately, deliver norms that nudge us away from negative defaults toward more optimal ends. A constitutional democracy, made up of millions of radically heterogeneous, densely populated individuals, constantly strives to determine what works best for most of its many constituents. Because South Africa's Constitution states (at an extremely high level of generality) only some of the norms that govern our lives, it remains for citizens, representatives and judges to create doctrines and institutions that serve its capaciously framed ends best. After canvassing the relevant literature in neuroscience, empirical philosophy, behavioural psychology, social capital theory, development economics, and emergent experimental governance, this work suggests that manifold experiments in living that fall within the accepted parameters of our shared constitutional norms are likely, over time, to produce more optimal ways of being that can be replicated by other members of our polity. Our reflexive stance toward best practices-a linchpin of this book's take on experimental governance-when inextricably linked to a commitment to flourishing and to the expansion of individual capabilities, should cause us to alter the content of the fundamental norms that shape our lives and bind us to one another. A political order founded upon experimental constitutionalism and flourishing promises an egalitarian pluralist reformation of South African society. The book spins out its novel thesis against the concrete backdrop of political arrangements and judicial doctrines that have emerged during the first 20 years of our truly vibrant constitutional democracy. Its trenchant analysis of political institutions and constitutional case law shows us how far we have come, and how far we still have to go.
Book Synopsis Elephant management by : Robert (Bob) Scholes
Download or read book Elephant management written by Robert (Bob) Scholes and published by NYU Press. This book was released on 2008-03-01 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elephants are among the most magnificent – but also most problematic –members of South Africa's wildlife population. While they are sought after by South African and foreign tourists alike, they also have a major impact on their environment. As a result, elephant management has become a highly complex and often controversial discipline. The information needed to underpin vital decisions about elephant management has largely been unavailable to decision-makers, contested by experts, or simply unknown. As a result, the South African Minister for Environmental Affairs and Tourism convened a round table to advise him on this issue. The round table recommended that a scientific assessment of elephant management be undertaken to gather, evaluate, and present all the relevant information on this topic. Its main findings and recommendations are contained in this volume. Elephant Management is the first book of its kind, combining the work of more than 60 national and international experts. Extensively reviewed by policy-makers and other stakeholders, it is the most systematic and comprehensive review of savanna elephant populations and factors relevant to managing them to date. As such it is of interest to a broad spectrum of readers in South Africa and elsewhere. Above all, it is aimed at helping conservation policy-makers and practitioners to choose the best possible options for the sustainable preservation of these iconic animals.
