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Customary Laws In Southern Sudan
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Book Synopsis Customary Laws in Southern Sudan by : Mohamed Fadlalla
Download or read book Customary Laws in Southern Sudan written by Mohamed Fadlalla and published by iUniverse. This book was released on 2009 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This summary is an invaluable reference for anyone who wishes to acquire a good basic knowledge of the customary laws of Southern Sudan. It provides, in an easily understandable form, a simplified explanation of the customary laws of the Dinka and Nuer peoples and their tradition-based background
Book Synopsis The Customary Law of the Dinka People of Sudan by : John Wuol Makec
Download or read book The Customary Law of the Dinka People of Sudan written by John Wuol Makec and published by . This book was released on 1988 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Customary Law in the Modern World by : Francis Deng
Download or read book Customary Law in the Modern World written by Francis Deng and published by Routledge. This book was released on 2009-10-16 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary Law in the Modern World is the study of a coherent and well-established legal system, which is now operating in the context of a modern nation-state and therefore poised between remaining relevant and the threat of marginalization. Focusing on Sudan, the author places customary law in its historical and cultural context, analyzing the fundamental and traditional values that underlie customary law and the impact of the war between the North and the South that lasted intermittently for half a century. He deals with the substance of customary law, covering a wide variety of areas: family law, property law, torts and criminal liability. Drawing on interviews conducted with judges, legislators and practicing lawyers on customary law and its future in the modern context, the book challenges the development of customary law to build on the positives of tradition and the reform of its shortcomings, particularly in the areas of human rights, gender equality and the protection of children. This book fills a gap in the literature on customary law, and will be of great interest to anyone interested in law, anthropology and politics.
Book Synopsis A Manual of Nuer Law by : P. P. Howell
Download or read book A Manual of Nuer Law written by P. P. Howell and published by Routledge. This book was released on 2018-08-16 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 1954 this book was originally designed for administrators but has become a key title for anthropologists. It includes a summary account of the history and social organisation of the Nuer and provides a descriptive analysis of their customary practices concerning homicide, blood-feuds, marriage and divorce and the settlement of disputes by arbitration and the award of compensation. It shows how in the first half of the twentieth century, as a result of administrative action and in particular the establishment of 'Chiefs' Courts' a system of law developed, which although based on customary procedures, introduced many concepts which were quite unknown to the Nuer in the past.
Book Synopsis Customary Justice in South Sudan by : James Nyok Deng
Download or read book Customary Justice in South Sudan written by James Nyok Deng and published by LAP Lambert Academic Publishing. This book was released on 2013-01 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book was co-authored by two prominent researchers in South Sudan/Jonglei State-James Nyok Deng & John Kon Kelei. The aim of the research was to compare the way in which the courts applies customary laws in both statutory court and bench court in Jonglei State. The two authors works fulltime as Law Lecturers, faculty of law, at Dr. John Garang Memorial University of Science and Technology in South Sudan.
Book Synopsis Customary Law and Its Downfalls in a Monolithic Jurisdiction by : Buol Gerang Anyieth Juuk
Download or read book Customary Law and Its Downfalls in a Monolithic Jurisdiction written by Buol Gerang Anyieth Juuk and published by . This book was released on 2024-08-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of family law may be unfamiliar for South Sudanese Jieng's communities in Australia as formal family law legislation does not exist in South Sudan. Instead, disputes relating to marriage, separation, divorce, and care arrangements for children have traditionally been dealt with within families or a community setting rather than by government statutory authorities. Despite the growing body of research on South Sudanese settlement challenges by non-South Sudanese in Australia, little is known of the Jieng families' experience of family law disputes in South Sudan or Australia from their own perspective. The overall picture that emerges from the research conducted has been negative; South Sudanese communities have been criticised for their failure to adjust to the Australian way of life. This book intends to fill this gap in the literature by documenting and analysing the experiences of Jieng families in relation to marriage, divorce, and disputes over the care of children in South Sudan and Australia. First, the book examines the practice of customary family law among Jieng communities in South Sudan and the changing nature of this practice due to the impact of conflict, the experience of displacement to refugee camps, and of resettlement in Australia. To this end, the book critically reviews the statutory and customary laws of South Sudan regarding marriage, divorce, and dispute over the care of children. It then analysis how family law disputes are resolved through the formal legal system within Australia. The book argues that current formal family dispute resolution has not been effective as it is pedantic and consequently creates obstacles for the participation of the Jieng families and other similar groups. This book is significant since it contributes to the growing body of research on South Sudanese settlement in Australia. It adds to existing research concerning the experiences of migrants and refugees when faced with navigating the Australian legal system. Further, this book may also shed light on approaches to mediating conflicts between customary and Australian law in other cultural groups, including the Australian Indigenous peoples and those of other jurisdictions across the globe where refugee populations are growing significantly. Thus, this book will impart knowledge to service providers, practitioners, and communities about how best to support South Sudanese families and other groups with similar practices in Australia and beyond.
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 Ascertainment of Customary Laws in South Sudan by :
Download or read book Ascertainment of Customary Laws in South Sudan written by and published by . This book was released on 2013 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Anthropology of Law in Muslim Sudan by : Barbara Casciarri
Download or read book Anthropology of Law in Muslim Sudan written by Barbara Casciarri and published by BRILL. This book was released on 2018-04-03 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anthropology of Law in Muslim Sudan analyses the hybridity of law systems and the plurality of legal practices in rural and urban contexts of contemporary Sudan, shedding light on the complex relation between Islam and society. It is the outcome of the international research program ANDROMAQUE (Anthropologie du Droit dans les Mondes Musulmans Africains et Asiatiques), funded by the French ANR (Agence National de la Recherche) between 2011 and 2014. Crossing two disciplinary perspectives, anthropology and law, the present volume contains original fieldwork data on contemporary urban and rural Sudan. Focusing on two major domains, land property and courts, several case studies demonstrate the relevance of an approach based on “legal practices” to underline, first, the plurality and hybridity of law systems and the relative role of the Islamic reference in Sudanese society, and, secondly, the reshaping of legal behaviors and norms after the breaking point of South Sudan's independence in 2011. Contributors are: Zahir M. Abdal-Kareem; Azza A. Abdel Aziz; Musa A. Abdul-Jalil; Munzoul M.A. Assal; Mohamed A. Babiker; Yazid Ben Hounet; Barbara Casciarri; Baudoin Dupret; Philippe Gout; Enrico Ille.
Book Synopsis Customary Law and Women's Rights in a Changing World by : Amel Aldehaib
Download or read book Customary Law and Women's Rights in a Changing World written by Amel Aldehaib and published by LAP Lambert Academic Publishing. This book was released on 2013 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study analyses the conflicting interests of rights which exist in the new constitution of Southern Sudan: the rights of people in Southern Sudan to their culture (customary law); and human rights, particularly as experienced by women. Analyses of extensive in-depth interviews conducted in Southern Sudan demonstrate how the state's withdrawal from the private sphere and the application of customary law in its current highly patriarchal shape stands in direct conflict with women's rights. Within the framework of post-conflict reconstruction in Southern Sudan, the exclusion of women from access to justice and from equal enjoyment of their rights drastically hinders peacebuilding and development efforts. It is vital that concepts of peace and security be reconstructed through a gendered perspective to ensure that post-conflict reconstruction is inclusive. The legitimization of the patriarchal violent culture which is intrinsically part of customary law, coupled with women's low level of consciousness about their rights further perpetuates the violation of women's rights especially in the private sphere.
Book Synopsis A Comparative Study of Customary Law Among Cattle-owning Tribes in the Southern Sudan by : Paul Philip Howell
Download or read book A Comparative Study of Customary Law Among Cattle-owning Tribes in the Southern Sudan written by Paul Philip Howell and published by . This book was released on 1950 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Customary Justice and the Rule of Law in War-torn Societies by : Deborah Isser
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. "
Book Synopsis A Manual of Nuer Law by : Paul Philip Howell
Download or read book A Manual of Nuer Law written by Paul Philip Howell and published by . This book was released on 1954 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis LAW, CUSTOM AND PROPERTY RIGHTS AMONG THE ?MA/NYIMA? OF THE NUBA MOUNTAINS IN THE SUDAN by : Hunud Abia Kadouf
Download or read book LAW, CUSTOM AND PROPERTY RIGHTS AMONG THE ?MA/NYIMA? OF THE NUBA MOUNTAINS IN THE SUDAN written by Hunud Abia Kadouf and published by Partridge Publishing Singapore. This book was released on 2014-11-18 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is based on an extensive field work in which the author tried to study the customary law of property of an African agrarian tribal community of Āma - also known as Nyimaŋ - of the Nuba Mountains in the northern Sudan. The writer has tried to explain the nature of property holding in the light of the people's philosophy evidenced in their social structure and their traditional beliefs. Special attention is paid to the traditional structure of political leadership in this highly segmented society that was prone not only to inter-tribal wars but was also in a constant 'fission and fusion' among themselves when not at war with other neighboring tribes. In discussing jurisdictional issues, and traditional settlement mechanisms based partly on law and custom, both adopted by this egalitarian society, the study is made currently relevant by keen observation on the effect of modernity on traditional ethics and morality of the Āma society that was once described by some authors as being 'impervious to foreign influence". Furthermore, the reception and assimilation of the state law together with the Shari'ah laws in various areas such as that relating to property devolution, family institution, and burial rites is treated as being of great significance in the overall development of the tribal customary laws. Like any other Nuba tribe, the consciousness of the Āma people of their ethos of identity marks their ferociously guarded customs and traditions prevalent up-to-date. The book is not only a precious academic endeavor full of keen observations, in depth study and analysis of tribal customary laws of property; but is also a memoir for the author to commemorate formidable tribal group of the Āma people in the Nuba Mountains of the Sudan.
Book Synopsis Study on the Harmonisation of Customary Laws and the National Legal System in South Sudan by : Tieman Mennen
Download or read book Study on the Harmonisation of Customary Laws and the National Legal System in South Sudan written by Tieman Mennen and published by . This book was released on 2016 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Nature of Customary Law by : Amanda Perreau-Saussine
Download or read book The Nature of Customary Law written by Amanda Perreau-Saussine and published by Cambridge University Press. This book was released on 2007-05-17 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.
Book Synopsis Falling Through the Cracks by : Deirdre Clancy (Lawyer)
Download or read book Falling Through the Cracks written by Deirdre Clancy (Lawyer) and published by . This book was released on 2012 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:
