[PDF] Seymourss Customary Law In Southern Africa eBook

Author : Ulla Secher
Publisher : Bloomsbury Publishing
Page : 542 pages
File Size : 14,78 MB
Release : 2014-12-01
Category : Law
ISBN : 1782253769

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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).

Author : Pieter Coertzen
Publisher : AFRICAN SUN MeDIA
Page : 382 pages
File Size : 38,31 MB
Release : 2015-05-01
Category : Religion
ISBN : 1919985638

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In our time the study of law and religion is emerging as a wide-ranging and vital academic discipline, with increasingly urgent implications for society at large. Lying at the intersection of a variety of other disciplines ? law, theology, religious studies, political science, sociology and anthropology, to name only the most obvious ? the field of law and religion is generating a burgeoning volume of interdisciplinary and trans-disciplinary research and study. The current volume is proof of this. The discussion of the relationship between law and religion, as seen from a variety of perspectives in Africa, underscores the critical importance of the issues involved in the everyday life of all citizens. It is accordingly vital for governments to take note of the scholarly results that are produced. We hope that this volume will contribute to this aim.