[PDF] The Application Of Customary Law In Southern Africa eBook

Author : Jeanmarie Fenrich
Publisher : Cambridge University Press
Page : 563 pages
File Size : 50,31 MB
Release : 2011-07-18
Category : Law
ISBN : 1139497820

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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 : T. W. Bennett
Publisher :
Page : 528 pages
File Size : 36,69 MB
Release : 2004
Category : Customary law
ISBN :

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The position of customary law in the South African legal system has been much improved since the enactment of the new Constitution. As a constitutionally protected cultural heritage, customary law now enjoys a status equal to that of Roman-Dutch law. By drawing on a range of materials, both legal and and anthropological, from South Africa and elsewhere in Africa, this book provides a comprehensive account of the major branches of customary law: marriage, divorce, succession, children, courts and procedures, tradtional leadership, land tenure and the conflict of laws. Constant reference is made to the tensions generated by conflict between the Bill of Rights and the African legal tradition. The book also explores the complex nature of customary law, which exists in oral traditions, in codes, precedents and academic texts and, above all, in the system of living norms that regulate the everyday lives of the great majority of South Africans.

Author : T. W. Bennett
Publisher :
Page : 272 pages
File Size : 41,77 MB
Release : 1999
Category : Black people
ISBN :

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Reprint of the 1995 edition with 1999 addendum.

Author : Martin Chanock
Publisher : Cambridge University Press
Page : 596 pages
File Size : 13,46 MB
Release : 2001-03-05
Category : History
ISBN : 9780521791564

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Martin Chanock's illuminating and definitive perspective on that development examines all areas of the law including criminal law and criminology; the Roman-Dutch law; the State's African law; and land, labour and 'rule of law' questions.

Author : Beverley Baines
Publisher : Cambridge University Press
Page : 495 pages
File Size : 36,45 MB
Release : 2012-04-16
Category : Law
ISBN : 0521761573

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Explores the relationship between constitutional law and feminism, offering a spectrum of approaches and analysis set across a wide range of topics.

Author : Olaf Zenker
Publisher : Routledge
Page : 395 pages
File Size : 23,76 MB
Release : 2018-02-02
Category : Law
ISBN : 1317014790

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Customary law and traditional authorities continue to play highly complex and contested roles in contemporary African states. Reversing the common preoccupation with studying the impact of the post/colonial state on customary regimes, this volume analyses how the interactions between state and non-state normative orders have shaped the everyday practices of the state. It argues that, in their daily work, local officials are confronted with a paradox of customary law: operating under politico-legal pluralism and limited state capacity, bureaucrats must often, paradoxically, deal with custom – even though the form and logic of customary rule is not easily compatible and frequently incommensurable with the form and logic of the state – in order to do their work as a state. Given the self-contradictory nature of this endeavour, officials end up processing, rather than solving, this paradox in multiple, inconsistent and piecemeal ways. Assembling inventive case studies on state-driven land reforms in South Africa and Tanzania, the police in Mozambique, witchcraft in southern Sudan, constitutional reform in South Sudan, Guinea’s long durée of changing state engagements with custom, and hybrid political orders in Somaliland, this volume offers important insights into the divergent strategies used by African officials in handling this paradox of customary law and, somehow, getting their work done.

Author : I.P. Maithufi
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 41,36 MB
Release : 2015
Category : Black people
ISBN : 9780199057184

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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