The State And The Paradox Of Customary Law In Africa

Author : Olaf Zenker
Publisher : Routledge
ISBN 13 : 1317014790
Total Pages : 395 pages
Book Rating : 4.99/5 ( download)

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Download or read book The State and the Paradox of Customary Law in Africa written by Olaf Zenker and published by Routledge. This book was released on 2018-02-02 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Kate Baldwin
Publisher : Cambridge University Press
ISBN 13 : 1107127335
Total Pages : 261 pages
Book Rating : 4.33/5 ( download)

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Download or read book The Paradox of Traditional Chiefs in Democratic Africa written by Kate Baldwin and published by Cambridge University Press. This book was released on 2016 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows that powerful hereditary chiefs do not undermine democracy in Africa but, on some level, facilitate it.

Author : Martin Chanock
Publisher : Cambridge University Press
ISBN 13 : 9780521791564
Total Pages : 596 pages
Book Rating : 4.61/5 ( download)

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Download or read book The Making of South African Legal Culture 1902-1936 written by Martin Chanock and published by Cambridge University Press. This book was released on 2001-03-05 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Berihun Adugna Gebeye
Publisher : Oxford University Press
ISBN 13 : 0192893920
Total Pages : 273 pages
Book Rating : 4.25/5 ( download)

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Download or read book A Theory of African Constitutionalism written by Berihun Adugna Gebeye and published by Oxford University Press. This book was released on 2021 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Theory of African Constitutionalism asks and seeks to answer why we need a new theoretical framework for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms. By locating constitutional studies in Africa within the experiences, interactions, and contestations of power and governance beginning in precolonial times, the book presents the development and transformation of African constitutional systems across time and place, along with the attendant constitutional designs and practices ranging from the nature and operation of the African state to its vertical and horizontal government structures, to its constitutional rights regime. This title offers both a theoretically and comparatively rich, historically and contextually informed, and temporally and spatially extensive account of the nature, travails, and incremental successes of African constitutionalism with detailed case studies from Nigeria, Ethiopia, and South Africa. A Theory of African Constitutionalism provides scholars, policymakers, governments, and constitution builders in Africa and beyond with new insights for reimagining the purpose, substance, and scope of constitutions and constitutionalism.

Author : Ghislain Otis
Publisher : Taylor & Francis
ISBN 13 : 100060912X
Total Pages : 234 pages
Book Rating : 4.27/5 ( download)

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Download or read book Applied Legal Pluralism written by Ghislain Otis and published by Taylor & Francis. This book was released on 2022-07-15 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comparative study of the management of legal pluralism. The authors describe and analyse the way state and non-state legal systems acknowledge legal pluralism – defined as the coexistence of a state and non-state legal systems in the same space in respect of the same subject matter for the same population - and determine its consequences for their own purposes. The book sheds light on the management processes deployed by legal systems in Africa, Canada, Central Europe and the South Pacific, the multitudinous factors circumscribing the action of systems and individuals with respect to legal pluralism, and the effects of management strategies and processes on systems as well as on individuals. The book offers fresh practical and analytical insight on applied legal pluralism, a fast-growing field of scholarship and professional practice. Drawing from a wealth of original empirical data collected in several countries by a multilingual and multidisciplinary team, it provides a thorough account of the intricate patterns of state and non-state practices with respect to legal pluralism. As the book’s non-prescriptive approach helps to uncover and evaluate several biases or assumptions on the part of policy makers, scholars and development agencies regarding the nature and the consequences of legal pluralism, it will appeal to a wide range of scholars and practitioners in law, development studies, political science and social sciences.

Author : Pnina Werbner
Publisher : Routledge
ISBN 13 : 1000519015
Total Pages : 298 pages
Book Rating : 4.13/5 ( download)

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Download or read book African Customary Justice written by Pnina Werbner and published by Routledge. This book was released on 2021-12-29 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Paul Schiff Berman
Publisher : Oxford University Press, USA
ISBN 13 : 0197516742
Total Pages : 1133 pages
Book Rating : 4.44/5 ( download)

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Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press, USA. This book was released on 2020-09-24 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Author : Achim Gutowski
Publisher : LIT Verlag Münster
ISBN 13 : 3643911734
Total Pages : 584 pages
Book Rating : 4.35/5 ( download)

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Download or read book Science, Technology and Innovation Policies for Inclusive Growth in Africa written by Achim Gutowski and published by LIT Verlag Münster. This book was released on 2020-04 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume analyses major strategic and policy issues. How to make Science, Technology and Innovation (STI) Policies relevant for inclusive growth strategies in Africa so that socio-economic transformation strategies will take off. The first part discusses the issues of human skills development as part of STI policies, based on visions, strategic plans and country cases (for Cameroon, Nigeria and Mauritania). The second part looks at STI Policies for Economic Transformation, focussing on country case studies (for Egypt and Tunisia). A third part presents book reviews and book notes.

Author : Andreas Zeman
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110765055
Total Pages : 448 pages
Book Rating : 4.52/5 ( download)

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Download or read book The Winds of History written by Andreas Zeman and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-09-18 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Katrin Seidel
Publisher : Routledge
ISBN 13 : 1000060969
Total Pages : 276 pages
Book Rating : 4.66/5 ( download)

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Download or read book Normative Spaces and Legal Dynamics in Africa written by Katrin Seidel and published by Routledge. This book was released on 2020-06-09 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: African legal realities reflect an intertwining of transnational, regional, and local normative frameworks, institutions, and practices that challenge the idea of the sovereign territorial state. This book analyses the novel constellations of governance actors and conditions under which they interact and compete. The work follows a spatial approach as the emphasis on normative spaces opens avenues to better understand power relations, processes of institutionalization, and the production of legitimacy and normativities themselves. Selected case studies from thirteen African countries deliver new empirical data and grounded insights from, and into, particular normative spaces. The individual chapters explore the interrelationships between various normative orders, diverse actors, and their influences. The encounters between different normative understandings and actors open up space and multiple forums for negotiating values. The authors analyse how different doctrines, institutions, and practices are constructed, contested, negotiated, and adapted in translation processes and thereby continuously reshape Africa’s multidimensional normative spaces. The volume delivers nuanced views of jurisprudence in Africa and presents an excellent resource for scholars and students of anthropology, legal geography, legal studies, sociology, political sciences, international relations, African studies, and anyone wishing to gain a better understanding of how legal constellations are shaped by unreflected assumptions about the state and the rule of law.