Legal Pluralism And The Colonial Legacy
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Legal Pluralism And The Colonial Legacy Perceptions Of Justice Popular Justice And Community Regeneration By Kayleen Hazlehurst Ed Gower Publishing Review
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Author : Bronwyn Fredericks
language : en
Publisher:
Release Date : 1996
Legal Pluralism And The Colonial Legacy Perceptions Of Justice Popular Justice And Community Regeneration By Kayleen Hazlehurst Ed Gower Publishing Review written by Bronwyn Fredericks and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with categories.
Book reviews of three books edited by Kayleen Hazlehurst in which Australian, Canadian and New Zealand writers, both indigenous and non-indigenous discuss colonisation, trauma, political processes, legal systems, injustices, self- determination, self-management, reconciliation.
Legal Pluralism And The Colonial Legacy
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Author : Kayleen M. Hazlehurst
language : en
Publisher: Aldershot [England] : Avebury
Release Date : 1995
Legal Pluralism And The Colonial Legacy written by Kayleen M. Hazlehurst and has been published by Aldershot [England] : Avebury this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
Collection of essays with contributors from Canada, New Zealand and Australia; examines impact of legal and criminal justice systems on Indigenous peoples; places contemporary events in historical context; significant influences and similarities noted; essays on Australian experience annotated individually.
Law Reform In Plural Societies
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Author : Teleiai Lalotoa Mulitalo Ropinisone Silipa Seumanutafa
language : en
Publisher: Springer
Release Date : 2017-11-04
Law Reform In Plural Societies written by Teleiai Lalotoa Mulitalo Ropinisone Silipa Seumanutafa and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-04 with Law categories.
This book asserts that the Pacific Islands continue to struggle with the colonial legacy of plural legal systems, comprising laws and legal institutions from both the common law and the customary legal system. It also investigates the extent to which customary principles and values are accommodated in legislation. Focusing on Samoa, the author argues that South Pacific countries continue to adopt a Western approach to law reform without considering legal pluralism, which often results in laws which are unsuitable and irrelevant to Samoa. In the context of this system of law making, effective law reform in Samoa can only be achieved where the law reform process recognises the legitimacy of the two primary legal systems. The book goes on to present a law reform process that is more relevant and suitable for law making in the Pacific Islands or any post-colonial societies.
Postcolonial Politics And Personal Laws
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Author : Rina Verma Williams
language : en
Publisher: Oxford University Press, USA
Release Date : 2006
Postcolonial Politics And Personal Laws written by Rina Verma Williams and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
Placing the contemporary discussion on personal laws in India in historical perspective, this important book views the debate as a critical component of Indian democracy. Balancing the imperatives of multiculturalism, national integration, and gender justice, it affirms that there is a complex continuity between the terms of the debate in the postcolonial Indian state and its colonial counterpart.
African Customary Justice
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Author : Pnina Werbner
language : en
Publisher: Routledge
Release Date : 2021-12-29
African Customary Justice written by Pnina Werbner and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-29 with Law categories.
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.
Legal Pluralism History Theory And Consequences
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Author : Trent Dunlap
language : en
Publisher: Clanrye International
Release Date : 2023-09-26
Legal Pluralism History Theory And Consequences written by Trent Dunlap and has been published by Clanrye International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-26 with Law categories.
Legal pluralism refers to the existence of multiple legal systems within a single geographic area or social system. Plural legal systems can be observed in countries which used to be colonies in the past wherein the law of a former colonial authority co-exists with an existing traditional or customary legal system. Globalization promotes legal pluralism as it increases the circulation of legal forms and practices from one country to another. Constitutions, codes, and legal institutions are commonly transplanted often with the intention of reform. Globalization also tends to increase legal pluralism by constructing a global legal order. This includes international commercial law which is encouraged by the increasing flow of transnational commercial activities. This book traces the history, theory, and consequences of legal pluralism. It is appropriate for students seeking detailed information in this area as well as for law experts.
Reimagining Legal Pluralism In Africa
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Author :
language : en
Publisher: Brill Nijhoff
Release Date : 2024-08-29
Reimagining Legal Pluralism In Africa written by and has been published by Brill Nijhoff this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-29 with Law categories.
This book is a compelling collection that challenges the prevailing conflict of laws approach to the interaction of state and indigenous legal systems. With 13 thought-provoking chapters, it introduces adaptive legal pluralism as an alternative framework that emphasises dialogue and engagement between these legal systems.
Colonial Legacies And The Rule Of Law In Africa
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Author : Salmon A. Shomade
language : en
Publisher: Routledge
Release Date : 2021-12-31
Colonial Legacies And The Rule Of Law In Africa written by Salmon A. Shomade and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-31 with Law categories.
"This book focuses on the continued impact of the colonial legacy on the rule of law in Ghana, Kenya, Nigeria, South Africa, and Zimbabwe. The legal system is intended to protect regular citizens, but within Africa the rule of law remains infused with Eurocentric cultural and linguistic tropes which can leave its supposed beneficiaries feeling alienated from the structures intended to protect them. This book traces the impact, effect, opportunities, and challenges that the colonial legacy poses for the Rule of Law across Ghana, Kenya, Nigeria, South Africa, and Zimbabwe. The book examines the similarities and differences in the impact of the British colonial legacy on the current legal landscape of each nation and the intersection with the Rule of Law. This important comparative study will be of interest to scholars of Political Science, International Studies, Law, African Politics, and British Colonial History"--
Law Culture And Community At The Borders Of The State
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Author : Margaret O'Brien
language : en
Publisher:
Release Date : 2019
Law Culture And Community At The Borders Of The State written by Margaret O'Brien and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Chakma (Asian people) categories.
This thesis explores the conditions under which the immediate and local narratives of communities might produce a culture of resistance. Focussing primarily on research with the Chakma people of Chittagong Hill Tracts (CHT), it recounts the complex role of legal pluralism in sustaining communities as political units in the postcolonial state, exploring how law's framing narratives produce different iterations of communitarian legal practice ostensibly within the same postcolonial legal form. This exploration uses a conceptual frame of 'critical communitarianism', which draws specific attention to the parallels between political identity and legal culture, and community and legal mobilisation within a legally plural setting. Using legal culture and mobilisation as analytical tools, this thesis unpacks the relationship between law, power and resistance in a context where community and state are inherently unstable. In the post-conflict CHT, it appears that the processes of colonisation and de-colonisation have caused the boundaries and ideations of community to be highly mutable and contested, yet these very instabilities appear to diffuse power more equally across the community, and subvert the colonial legacy of feudal hierarchies. To further illustrate this hypothesis, the brief contrast drawn between the CHT and an Indian Chakma community demonstrates how a rigid system of constitutional recognition under the Sixth Schedule of the Indian Constitution has an ossifying effect on communitarian law; recognition reinforces an elderly and conservative customary elite and ultimately pushes communitarian legal practice to the margins of community. The thesis concludes that conditions of crisis appear to diffuse power across communities, causing dynamic and resistant interpretations of law and culture to emerge from within non-state communities.
Legal Pluralism And Development
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Author : Brian Z. Tamanaha
language : en
Publisher: Cambridge University Press
Release Date : 2012-05-28
Legal Pluralism And Development written by Brian Z. Tamanaha and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-28 with Law categories.
Previous efforts at legal development have focused almost exclusively on state legal systems, many of which have shown little improvement over time. Recently, organizations engaged in legal development activities have begun to pay greater attention to the implications of local, informal, indigenous, religious, and village courts or tribunals, which often are more efficacious than state legal institutions, especially in rural communities. Legal pluralism is the term applied to these situations because these institutions exist alongside official state legal systems, usually in a complex or uncertain relationship. Although academics, especially legal anthropologists and sociologists, have discussed legal pluralism for decades, their work has not been consulted in the development context. Similarly, academics have failed to benefit from the insights of development practitioners. This book brings together, in a single volume, contributions from academics and practitioners to explore the implications of legal pluralism for legal development. All of the practitioners have extensive experience in development projects, the academics come from a variety of backgrounds, and most have written extensively on legal pluralism and on development.