Read Books Online and Download eBooks, EPub, PDF, Mobi, Kindle, Text Full Free.
The Harmonisation Of The Common Law And The Indigenous Law
Download The Harmonisation Of The Common Law And The Indigenous Law full books in PDF, epub, and Kindle. Read online The Harmonisation Of The Common Law And The Indigenous Law ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Book Synopsis Harmonisation of the Common Law and the Indigenous Law by :
Download or read book Harmonisation of the Common Law and the Indigenous Law written by and published by Commission. This book was released on 1996-01-01 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 1998 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 . This book was released on 1996 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 1998 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The harmonisation of the common law and the indigenous law by :
Download or read book The harmonisation of the common law and the indigenous law written by and published by . This book was released on 1998 with total page 109 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 . This book was released on 1990 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Future of Tradition by : Leon Shaskolsky Sheleff
Download or read book The Future of Tradition written by Leon Shaskolsky Sheleff and published by Routledge. This book was released on 2013-09-05 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen an increased interest in the variety of cultures co-existing within one state, and a growing acknowledgement of the values ensconced in pluralistic social structures. this book examines the manner in which indigenous people can function in modern states, preserving their traditional customs, while simultaneously adapting aspects of their culture to the challenges posed by modern life. Whereas it was formerly assumed that these tribal frameworks were doomed to extinction, and some states even encouraged such a process, there has been a revival in their vitality, linked to a recognition of their rights. The book offers a comprehensive survey of various aspects of tribal life, focusing on political issues such as the meaning of sovereignty, legal issues dealing with the role of custom and social issues concerned with sustaining communal life. A focused study is made of a whole series of legal factors, relating to possession and ownership of land, religious rites, the nature of polygamous marriages, the assertion of group rites, the manner of peacefully resolving disputes and allied questions. Recent judicial decisions are analysed as a reflection of the far-reaching changes that have taken place, in a process that has seen the former disregard of basic rights of indigenous people being replaced by an awareness of the injustices perpetrated in the past and a willingness to seek to redress them. The comparison between approaches of different English-speaking countries provides an account of interwoven developments.
Book Synopsis Harmonisation of the Common Law and the Indigenous Law by :
Download or read book Harmonisation of the Common Law and the Indigenous Law written by and published by Commission. This book was released on 1996-01-01 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Harmonisation of the Common Law and Indigenous Law by : South African Law Commission
Download or read book The Harmonisation of the Common Law and Indigenous Law written by South African Law Commission and published by . This book was released on 1999 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Indigenous Peoples, Customary Law and Human Rights – Why Living Law Matters by : Brendan Tobin
Download or read book Indigenous Peoples, Customary Law and Human Rights – Why Living Law Matters written by Brendan Tobin and published by Routledge. This book was released on 2014-08-27 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly original work demonstrates the fundamental role of customary law for the realization of Indigenous peoples’ human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present. It examines its growing recognition in constitutional and international law and its dependence on and at times strained relationship with human rights law. The author analyzes the role of customary law in tribal, national and international governance of Indigenous peoples’ lands, resources and cultural heritage. He explores the challenges and opportunities for its recognition by courts and alternative dispute resolution mechanisms, including issues of proof of law and conflicts between customary practices and human rights. He throws light on the richness inherent in legal diversity and key principles of customary law and their influence in legal practice and on emerging notions of intercultural equity and justice. He concludes that Indigenous peoples’ rights to their customary legal regimes and states’ obligations to respect and recognize customary law, in order to secure their human rights, are principles of international customary law, and as such binding on all states. At a time when the self-determination, land, resources and cultural heritage of Indigenous peoples are increasingly under threat, this accessible book presents the key issues for both legal and non-legal scholars, practitioners, students of human rights and environmental justice, and Indigenous peoples themselves.
Book Synopsis Aboriginal Customary Law: A Source of Common Law Title to Land by : Ulla Secher
Download or read book Aboriginal Customary Law: A Source of Common Law Title to Land written by Ulla Secher and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).
Book Synopsis Asian Indigenous Law by : Masaji Chiba
Download or read book Asian Indigenous Law written by Masaji Chiba and published by Routledge. This book was released on 2013-10-28 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1986. Western law is normally regarded as universal when considered from the fact that it has been received and utilized by non-Western countries as the basis of their own state legal systems. The reception of Western law by non-Western countries in modern times is the most influential encounter of non-Western law with foreign law. The major portion of this book is a collection of descriptions of typical non-Western countries from this viewpoint by native scholars.
Book Synopsis Indigenous Law and the State by : Bradford Wilmot Morse
Download or read book Indigenous Law and the State written by Bradford Wilmot Morse and published by Dordrecht, Holland : Foris Publications. This book was released on 1988 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes papers about relationship of Aboriginal traditional law to Australian legal system; chapters by R. Tonkinson, D. Bell, B. Sansom, R. Chisholm, B.W. Morse, R. Riley, J. Crawford, P. Hennessy and M. Fisher annotated separately.
Book Synopsis Traditional, National, and International Law and Indigenous Communities by : Marianne O. Nielsen
Download or read book Traditional, National, and International Law and Indigenous Communities written by Marianne O. Nielsen and published by University of Arizona Press. This book was released on 2020-05-05 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of the Indigenous Justice series explores the global effects of marginalizing Indigenous law. The essays in this book argue that European-based law has been used to force Indigenous peoples to assimilate, has politically disenfranchised Indigenous communities, and has destroyed traditional Indigenous social institutions. European-based law not only has been used as a tool to infringe upon Indigenous human rights, it also has been used throughout global history to justify environmental injustices, treaty breaking, and massacres. The research in this volume focuses on the resurgence of traditional law, tribal–state relations in the United States, laws that have impacted Native American women, laws that have failed to protect Indigenous sacred sites, the effect of international conventions on domestic laws, and the role of community justice organizations in operationalizing international law. While all of these issues are rooted in colonization, Indigenous peoples are using their own solutions to demonstrate the resilience, persistence, and innovation of their communities. With chapters focusing on the use and misuse of law as it pertains to Indigenous peoples in North America, Latin America, Canada, Australia, and New Zealand, this book offers a wide scope of global injustice. Despite proof of oppressive legal practices concerning Indigenous peoples worldwide, this book also provides hope for amelioration of colonial consequences.
Book Synopsis In Search of the 'golden Thread' by : Mei Lin Ng
Download or read book In Search of the 'golden Thread' written by Mei Lin Ng and published by . This book was released on 2006 with total page 986 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract : The thesis explores the interactions of the common law with indigenous law in three jurisdictions: Australia, New Zealand and Canada. Case law involving family, criminal and land law is examined in detail, to establish how the common law has interacted with indigenous law. Two aspects of common law interactions are explored: judicial approaches to the recognition of indigenous law; and, judicial perceptions about the relationship between the common law and indigenous law. Courts faced with indigenous law have taken one of three approaches to recognising it. These are respectively referred to in the thesis as the non-recognition approach, the accommodation approach and the recognition approach. With regard to judicial perceptions about the relationship between the common law and indigenous law, the case law reveals seven different perceptions. They are: no relationship; mere acknowledgement; separate but capable of recognition; adjustment; assimilation/domination; assimilation/search for partnership; and absorption. Where a relationship is acknowledged, although perceptions may vary, essentially they can be placed in one of three categories. Courts may regard the relationship as one between two separate bodies of law, with points of intersection. They may regard it as one of convergence, perhaps even partial integration, between separate legal traditions. Finally, they may regard indigenous law as having been absorbed into the dominant legal system. Courts with this latter perception regard indigenous law as analogous to English local customs. Having identified more than one approach to the recognition of indigenous law, consideration is given to the circumstances in which the approaches are used, exploring differences arising out of the subject area in question and the jurisdiction in which the case is considered. The thesis also demonstrates that some correlation exists between the judicial approach to recognition of indigenous law and judicial perceptions about the relationship of the common law with indigenous law, though this correlation cannot be demonstrated in all cases. Lastly, the capacity of the common law to recognise changes to indigenous law is considered, where the case law reveals that both the judicial approach to recognition of indigenous law, and judicial perceptions about the relationship between the common law and indigenous law have a bearing on the capacity of the courts to recognise change. The thesis demonstrates that both the judicial approach to recognition of indigenous law and judicial perceptions about the relationship between the common law and indigenous law affect common law interactions with indigenous law.
Book Synopsis A Theory of Common Law Incorporation of Indigenous Legal Systems and the Origin and Nature of Common Law Indigenous Rights by : Richard Ogden
Download or read book A Theory of Common Law Incorporation of Indigenous Legal Systems and the Origin and Nature of Common Law Indigenous Rights written by Richard Ogden and published by . This book was released on 2000 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt: