Customary law and so called 'traditional authorities' continue to play vital roles in many African societies today. The codification and co-optation or oppression by 'the state' have been identified as major problems impinging on the dynamism of the living customary law and the independence and downward-accountability of traditional authorities. But what does customary law and traditional authority offer to the state? On the one hand, the state is expected to act as the 'sovereign' and to provide a comprehensive political structure. On the other, for pragmatic or ideological reasons, it has...
Customary law and so called 'traditional authorities' continue to play vital roles in many African societies today. The codification and co-optation o...
Within the Latin American context, legal pluralism is often depicted as a dichotomy between customary law and national law. In addition, the use of customary law alongside national law is frequently portrayed as a vehicle of resistance.
This book argues that, because ordinary Indians are not positively biased in favor of customary law per se, a heterogeneity of legal practices can be observed on a daily basis, which consequently undermines the commonly held view of customary law as a "counter-hegemonic strategy," even if, on other socio-geographical levels, this thinking in terms...
Within the Latin American context, legal pluralism is often depicted as a dichotomy between customary law and national law. In addition, the use of...
This collection considers how contemporary cultural and religious diversity challenges and redefines national constitutional and legal frameworks and concepts, within the context of education. It offers a critical reflection on the extent and meanings given to religious freedom in education across Europe. The contributions deal primarily with Western Europe although the book also includes a study of the US vibrant debates on Creationism. This volume considers issues such as religious expression, faith schooling and worship in schools, in a multidisciplinary and comparative approach. The book...
This collection considers how contemporary cultural and religious diversity challenges and redefines national constitutional and legal frameworks and ...
This volume exposes some of the various issues raised in relation to Muslim communities in Europe by putting the intellectual and legal traditions into dialogue. It brings together a number of scholars of Shari a and Islamic law with counterparts from the parallel European disciplines of hermeneutics, philosophy and jurisprudence, to explore how the processes of theological-legal thinking have been expressed and are being expressed in a more or less common intellectual framework. It provides a valuable reference for all those interested in exploring how Muslims and non-Muslims view Shari a...
This volume exposes some of the various issues raised in relation to Muslim communities in Europe by putting the intellectual and legal traditions int...
People in rural South Africa live subject to at least two distinct legal universes, and their respective dispute management forums: state law and vernacular law. This book discusses how contemporary rural people use vernacular dispute management forums and what needs exist for the legal regulation thereof. The author takes the discussion of how 'traditional courts' are to be regulated out of the legislative arena back to the empirical context in which these forums exist and operate. The book provides in-depth understanding of the empirical realities of vernacular dispute management and the...
People in rural South Africa live subject to at least two distinct legal universes, and their respective dispute management forums: state law and v...
