A Sourcebook of African Customary Law for Southern Africa PDF Download

Author: T. W. Bennett
Publisher:
ISBN: 9780702125461
Category : Customary law
Languages : en
Pages : 484

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Author: Jeanmarie Fenrich
Publisher: Cambridge University Press
ISBN: 1139497820
Category : Law
Languages : en
Pages : 563

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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.

Author: York W. Bradshaw
Publisher: Indiana University Press
ISBN: 9780253338273
Category : Business & Economics
Languages : en
Pages : 448

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Book Description
In the 1970s and 1980s Indiana University Press published a series of books edited by Gwendolen Carter and others on economic and political conditions in Southern Africa during the apartheid era. The Uncertain Promise of Southern Africa is a return to that successful format in the post-apartheid era. Leading scholars analyze the economic, political, social, and cultural conditions in Southern Africa and the prospects for the region. The first part of the book examines the current political and development situation in six countries--South Africa, Namibia, Botswana, Zimbabwe, Angola, and Mozambique. The second part focuses on issues of enduring importance in the region--education, health, gender, the law, intra- and inter-regional power relations, international commerce, and popular culture.

Author: Reinhard Zimmermann
Publisher: Oxford University Press
ISBN: 9780198260875
Category : History
Languages : en
Pages : 1218

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Book Description
This book provides a history of some of the main institutions of South African private law and in so doing explores the process through which integration of the English common law and the continental civil law came about in that jurisdiction. Here is a book aimed at both European and South African audiences. For European lawyers it provides a stimulating insight into the way the process of harmonization of private law has occurred in South Africa and may occur within the European Union. By analysing the historical evolution of the most important institutions of the law of obligations and the law of property the book demonstrates how the two legal traditions have been accommodated within one system. The starting point for each essay is the "pure" Roman-Dutch law as it was transplanted to the Cape of Good Hope in the years following 1652 (and as it has been examined in considerable detail in another volume edited by Robert Feenstra and Reinhard Zimmerman, published in 1992). The analysis focuses on how the Roman-Dutch law has been preserved, changed, modified or replaced in the course of the nineteenth century when the Cape became a British colony; and on what happened after the creation of the union of South Africa in 1910. Each essay therefore attempts, in the field of law with which it is dealing, to answer questions such as: what was the level of interaction between the civil law and the common law? What were the mechanisms that brought about the particular form of competition, coexistence or fusion that exists in that area of law? Is the process complete or is it still continuing? Is it possible to observe the emergence, from these two routes, of a genuinely South African private law? How is the result to be evaluated? In establishing reception patterns at the level of specific areas of law, they go beyond generalization about the compatibility of the two traditions and present evidence of a possible symbiosis of English and Continental law. For South African readers the principal value of the book is that it offers essays by the most prominent South African private lawyers refelecting on the history of their subjects. It therefore constitutes the first stage in the writing of a history of substantive private law in South Africa. So far the focus has mainly been on the so called "external history" of South African law, and such texts as there are on the development of the institutions of private law are often in Afrikaans and mainly to be found in unpublished theses. Thus this book fulfils a real need for those teaching South African private law and legal history. Although the volume investigates a specific aspect of the making of modern South African law it is imperative not to lose sight of the fact that private law in that country, as every way else did not develop in a vacuum, but as part of a wider political and social prcess. For this reason the book opens with an essay which contextualizes the contributions that follow, giving a view of the "setting" in which the development of South Africa took place: colonial domination, cultural imperialism, and racial and nationalistic ideologies. Two further introductory essays pay specific attention to the impact of the procedural framework on the substantive private law and to the "architects" of the mixed system.

Author: Joan Church
Publisher: Unisa Press
ISBN: 1868883612
Category : Comparative law
Languages : en
Pages : 356

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In terms of the South African Constitution of 1996 there is a general need for an introduction to comparative law and one that covers what is technically known as applied comparative law; more particularly applied comparative law that involves a study of the bills of rights in other countries.

Author: Aaron Schwabach
Publisher: EOLSS Publications
ISBN: 1905839685
Category :
Languages : en
Pages : 430

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Book Description
Law is a component of Encyclopedia of Social Sciences and Humanities in the global Encyclopedia of Life Support Systems (EOLSS), which is an integrated compendium of twenty one Encyclopedias. The Theme on Law provides certain general perspectives and discusses such aspects as: Philosophies and Systems of Law; Fields of Law Specialization; Law, Ethics, and Justice. This volume is aimed at the following five major target audiences: University and College Students, Educators, Professional Practitioners, Research Personnel and Policy Analysts, Managers, and Decision Makers and NGOs.

Author: René Kuppe
Publisher: Martinus Nijhoff Publishers
ISBN: 9780792331421
Category : Law
Languages : en
Pages : 424

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Book Description
Volume 7 of "Law and Anthropology" brings together a collection of studies that discuss legal problems raised by cultural differences between people and the law to which they are subject. This volume developed from the idea that it can be useful to consider current discussions in various legal systems facing issues of cultural difference that cannot be regarded as legal problems related to indigenous societies alone. The book focuses on contradiction between national law and complex and diverse kinship structures, which are essential for the cultural identity of both indigenous groups and cultural minorities. The social construction of gender relations and gender conflicts is an important theme in many essays. Some of the essays examine the area of conflict between cultural practices and universal human rights standards. The demand for cultural rights may collide with human rights standards, especially with the principles of gender equality. This volume will be of great interest to academics and to all those with practical involvement in the field of cultural pluralism. Previously published by VWGO Verlag in Austria, "Law and Anthropology" will be published and distributed by Martinus Nijhoff Publishers from Volume 7 onwards.

Author: Salvatore Mancuso
Publisher: BRILL
ISBN: 9004685472
Category : Law
Languages : en
Pages : 345

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Book Description
This book takes a comparative law perspective and proposes a new approach for researching law in Africa. Western theoretical perspectives in comparative law are too Eurocentric to fully catch the peculiarities and characteristics of the African “lawscape”—in short, they are inadequate for studying African law. In this book, Professor Salvatore Mancuso considers the law in Africa from a different perspective. Deeply rooted in the culture of the African people, this approach considers African legal culture with the same legitimacy as Western legal culture, setting a precedent for future policy-making decisions relating to legislative development in Africa.

Author: Willem Odendaal
Publisher: BASLER AFRIKA BIBLIOGRAPHIEN
ISBN: 3906927601
Category : Social Science
Languages : en
Pages : 274

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In 1954, the Hai||om people were evicted from Etosha by the South African-controlled South West African Administration. In 2015, the Hai||om filed the case of Tsumib v Government of the Republic of Namibia in the High Court of Namibia. “Beggars on our own land …” unravels the historical and contemporary socio-legal complexities that led to the Tsumib case. At the core of the case lies the legal question, how can the Hai||om people approach the Namibian Courts in order to claim compensation for the loss of their ancestral lands?Odendaal goes into detail how the Tsumib case materialised under the post-independence Namibian constitutional discourse. He assesses the Namibian land reform programme and its oversight in dealing with historical land dispossessions. He inspects Hai||om “identity” and how it was used to strengthen their case. He concludes with an examination of Namibia’s outdated and restrictive legal framework, which ultimately denied the Hai||om people their constitutional right to be heard in the Namibian Court. While the future of ancestral land claims in Namibia depends on the political will of the Namibian government, Odendaal argues that the Namibian courts have a duty to comply with the rights giving nature of the Namibian Constitution that lays the foundation for the Hai||om people’s ancestral claims.

Author: Kaius Tuori
Publisher: Routledge
ISBN: 1317815998
Category : History
Languages : en
Pages : 233

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Book Description
Legal primitivism was a complex phenomenon that combined the study of early European legal traditions with studies of the legal customs of indigenous peoples. Lawyers and Savages: Ancient History and Legal Realism in the Making of Legal Anthropology explores the rise and fall of legal primitivism, and its connection to the colonial encounter. Through examples such as blood feuds, communalism, ordeals, ritual formalism and polygamy, this book traces the intellectual revolution of legal anthropology and demonstrates how this scholarship had a clear impact in legitimating the colonial experience. Detailing how legal realism drew on anthropology in order to help counter the hypothetical constructs of legal formalism, this book also shows how, despite their explicit rejection, the central themes of primitive law continue to influence current ideas – about indigenous legal systems, but also of the place and role of law in development. Written in an engaging style and rich in examples from history and literature, this book will be invaluable to those with interests in legal realism, legal history or legal anthropology.