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The State And The Paradox Of Customary Law In Africa
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Book Synopsis The State and the Paradox of Customary Law in Africa by : Olaf Zenker
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.
Book Synopsis The Paradox of Traditional Chiefs in Democratic Africa by : Kate Baldwin
Download or read book The Paradox of Traditional Chiefs in Democratic Africa written by Kate Baldwin and published by Cambridge University Press. This book was released on 2016 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows that powerful hereditary chiefs do not undermine democracy in Africa but, on some level, facilitate it.
Book Synopsis The Making of South African Legal Culture 1902-1936 by : Martin Chanock
Download or read book The Making of South African Legal Culture 1902-1936 written by Martin Chanock and published by Cambridge University Press. This book was released on 2001-03-05 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: Martin Chanock's illuminating and definitive perspective on that development examines all areas of the law including criminal law and criminology; the Roman-Dutch law; the State's African law; and land, labour and 'rule of law' questions.
Book Synopsis A Theory of African Constitutionalism by : Berihun Adugna Gebeye
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 with total page 273 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.
Book Synopsis Applied Legal Pluralism by : Ghislain Otis
Download or read book Applied Legal Pluralism written by Ghislain Otis and published by Taylor & Francis. This book was released on 2022-07-15 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comparative study of the management of legal pluralism. The authors describe and analyse the way state and non-state legal systems acknowledge legal pluralism – defined as the coexistence of a state and non-state legal systems in the same space in respect of the same subject matter for the same population - and determine its consequences for their own purposes. The book sheds light on the management processes deployed by legal systems in Africa, Canada, Central Europe and the South Pacific, the multitudinous factors circumscribing the action of systems and individuals with respect to legal pluralism, and the effects of management strategies and processes on systems as well as on individuals. The book offers fresh practical and analytical insight on applied legal pluralism, a fast-growing field of scholarship and professional practice. Drawing from a wealth of original empirical data collected in several countries by a multilingual and multidisciplinary team, it provides a thorough account of the intricate patterns of state and non-state practices with respect to legal pluralism. As the book’s non-prescriptive approach helps to uncover and evaluate several biases or assumptions on the part of policy makers, scholars and development agencies regarding the nature and the consequences of legal pluralism, it will appeal to a wide range of scholars and practitioners in law, development studies, political science and social sciences.
Book Synopsis African Customary Justice by : Pnina Werbner
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.
Book Synopsis The Oxford Handbook of Global Legal Pluralism by : Paul Schiff Berman
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"--
Book Synopsis Science, Technology and Innovation Policies for Inclusive Growth in Africa by : Achim Gutowski
Download or read book Science, Technology and Innovation Policies for Inclusive Growth in Africa written by Achim Gutowski and published by LIT Verlag Münster. This book was released on 2020-04 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume analyses major strategic and policy issues. How to make Science, Technology and Innovation (STI) Policies relevant for inclusive growth strategies in Africa so that socio-economic transformation strategies will take off. The first part discusses the issues of human skills development as part of STI policies, based on visions, strategic plans and country cases (for Cameroon, Nigeria and Mauritania). The second part looks at STI Policies for Economic Transformation, focussing on country case studies (for Egypt and Tunisia). A third part presents book reviews and book notes.
Book Synopsis The Winds of History by : Andreas Zeman
Download or read book The Winds of History written by Andreas Zeman and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-09-18 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Normative Spaces and Legal Dynamics in Africa by : Katrin Seidel
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 Militant Democracy written by András Sajó and published by Eleven International Publishing. This book was released on 2004 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
Book Synopsis Postcolonial Legality: Law, Power and Politics in Zambia by : Jeremy Gould
Download or read book Postcolonial Legality: Law, Power and Politics in Zambia written by Jeremy Gould and published by Taylor & Francis. This book was released on 2023-03-24 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book interrogates the ideology and practices of liberal constitutionalism in the Zambian postcolony. The analysis focuses on the residual political and governmental effects of an imperial form of power, embodied in the person of the republican president, termed here prerogativism. Through systematic, long-term ethnographic engagement with Zambian constitutionalist activists – lawyers, judges and civic leaders – the study examines how prerogativism has shaped the postcolonial political landscape and limited the possibilities of constitutional liberalism. This is revealed in the ways that repeated efforts to reform the constitution have sidelined popular participation and thus failed to address the deep divide between a small elite stratum (from which the constitutional activists are drawn) and the marginalized masses of the population. Along the way, the study documents the intimate interpenetration of political and legal action and examines how prerogativism delimits the political engagements of elite actors. Special attention is given to the reluctance of legal activists to engage with popular politics and to the conservative ethos that undermines efforts to pursue a jurisprudence of transformational constitutionalism in the findings of the Constitutional Court. The work contributes to the rising interest in applying socio-legal analysis to the statutory domain in postcolonial jurisdictions. It offers a pioneering attempt to deconstruct the amorphous and ambivalent assemblage of ideas and practices related to constitutionalism through detailed ethnographic interrogation. It will appeal to scholars, students and practitioners with an interest in theorizing challenges to political liberalism in postcolonial contexts, as well as in rethinking the methodological toolbox of socio-legal analysis.
Book Synopsis Encyclopedia of Law and Development by : Koen De Feyter
Download or read book Encyclopedia of Law and Development written by Koen De Feyter and published by Edward Elgar Publishing. This book was released on 2021-01-29 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Encyclopedia is an indispensable resource in the area of law and development. Bringing together more than 80 entries, the Encyclopedia spans a variety of approaches, contextualised histories, recent developments and forward-looking insights into the role of law in development. It is an invaluable reference point for scholars seeking to engage with issues at the intersection of law and development from both within and outside of the legal field, as well as a thorough but succinct overview for post-graduate students.
Book Synopsis The Cambridge Handbook of Comparative Law by : Mathias Siems
Download or read book The Cambridge Handbook of Comparative Law written by Mathias Siems and published by Cambridge University Press. This book was released on 2024-01-31 with total page 1362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative law is a common subject-matter of research and teaching in many universities around the world, and the twenty-first century has aptly been termed 'the era of comparative law'. This Cambridge Handbook of Comparative Law presents a truly global perspective of comparative law today. The contributors are drawn from all parts of the world to provide different perspectives on how we understand the 'law' and how it operates in practice. In substance, the Handbook contains 36 chapters covering a broad range of topics, divided under the following headings: 'Methods of Comparative Law' (Part I), 'Legal Families and Geographical Comparisons' (Part II), 'Central Themes in Comparative Law' (Part III); and 'Comparative Law beyond the State' (Part IV).
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 The Sentimental Court by : Jonas Bens
Download or read book The Sentimental Court written by Jonas Bens and published by Cambridge University Press. This book was released on 2022-05-19 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyses how atmospheres and sentiments shape the workings of international criminal law in (post-)colonial Africa and beyond.
Book Synopsis South African Homelands as Frontiers by : Steffen Jensen
Download or read book South African Homelands as Frontiers written by Steffen Jensen and published by Routledge. This book was released on 2018-02-02 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores what happened to the homelands – in many ways the ultimate apartheid disgrace – after the fall of apartheid. The nine chapters contribute to understanding the multiple configurations that currently exist in areas formerly declared "homelands" or "Bantustans". Using the concept of frontier zones, the homelands emerge as areas in which the future of the South African postcolony is being renegotiated, contested and remade with hyper-real intensity. This is so because the many fault lines left over from apartheid (its loose ends, so to speak) – between white and black; between different ethnicities; between rich and poor; or differentiated by gender, generation and nationality; between "traditions" and "modernities" or between wilderness and human habitation – are particularly acute and condensed in these so-called "communal areas". Hence, the book argues that it is particularly in these settings that the postcolonial promise of liberation and freedom must face its test. As such, the book offers highly nuanced and richly detailed analyses that go to the heart of the diverse dilemmas of post-apartheid South Africa as a whole, but simultaneously also provides in condensed form an extended case study on the predicaments of African postcoloniality in general. This book was originally published as a special issue of the Journal of Southern African Studies.
