The Harmonisation of the Common Law and the Indigenous Law PDF Download

Author: South African Law Commission
Publisher: Commission
ISBN:
Category : Common law
Languages : en
Pages : 150

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Book Description
Includes bibliographical references (p. xii-xv).

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

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Book Description
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: Chester Brown
Publisher: Oxford University Press on Demand
ISBN: 9780199206506
Category : Law
Languages : en
Pages : 303

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Book Description
Brown offers an examination of the jurisprudence of a range of international courts and tribunals relating to issues of procedure and remedies, and assessment whether there are emerging commonalities regarding these issues which could make up a unified law of international adjudication.

Author: René David
Publisher: Simon and Schuster
ISBN: 0029076102
Category : Comparative law
Languages : en
Pages : 612

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Book Description
A significant introduction to the study of comparative law and a notable scholarly work, Major Legal Systems in the World Today analyzes the general characteristics which lie behind the development of the four principal legal systems of the world: the Civil law, the Common law, the Socialist law (primarily Soviet), and those based on religious or philosophical principles (Muslim, Hindu, Chinese, Japanese, and African). Providing unique insights into the spirt of each legal family, the book presents a total view of the historical foundation and the sources and structure of the law in each system.

Author: H. Patrick Glenn
Publisher: Oxford University Press, USA
ISBN: 019966983X
Category : Law
Languages : en
Pages : 451

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Book Description
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.

Author: I.P. Maithufi
Publisher: Oxford University Press, USA
ISBN: 9780199057184
Category : Black people
Languages : en
Pages : 0

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Book Description
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

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

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Book Description

Author: South African Law Commission
Publisher:
ISBN:
Category : Customary law
Languages : en
Pages : 116

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Book Description

Author: Kristin Henrard
Publisher: Bloomsbury Publishing USA
ISBN: 0313012148
Category : History
Languages : en
Pages : 329

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Book Description
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.

Author: M. Kötter
Publisher: Springer
ISBN: 1137403284
Category : Political Science
Languages : en
Pages : 262

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Book Description
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.