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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.
This collection challenges the prevailing conflict of laws approach to the interaction of state and indigenous legal systems. It introduces adaptive legal pluralism as an alternative framework that emphasises dialogue and engagement between these legal systems. By exploring a dialogic approach to legal pluralism, the authors shed light on how it can effectively address the challenges stemming from the colonial imposition of industrial legal systems on Africa’s agrarian political economies.
Language and the Law: Global Perspectives in Forensic Linguistics from Africa and beyond is the third volume in a series of books designed to contribute and respond to growing interest in forensic linguistics or language and the law on the African continent. Drawing mostly on contexts where traditional African laws and Western laws are practised side-by-side, and where there are discontinuities between local knowledge systems, belief systems and language practices on the one hand, and official languages of law discourse, conceptualisation and jurisprudence documentation on the other, the chapters in this volume problematise, among other issues, the mediation practices (or lack thereof) of language and legal processes, discourse strategies and complexities in (mis)interpretations in second language court contexts and the miscarriage of justice that these may entail.
How are we to explain the resurgence of customary chiefs in contemporary Africa? Rather than disappearing with the tide of modernity, as many expected, indigenous sovereigns are instead a rising force, often wielding substantial power and legitimacy despite major changes in the workings of the global political economy in the post–Cold War era—changes in which they are themselves deeply implicated. This pathbreaking volume, edited by anthropologists John L. Comaroff and Jean Comaroff, explores the reasons behind the increasingly assertive politics of custom in many corners of Africa. Chiefs come in countless guises—from university professors through cosmopolitan businessmen to subsistence farmers–but, whatever else they do, they are a critical key to understanding the tenacious hold that “traditional” authority enjoys in the late modern world. Together the contributors explore this counterintuitive chapter in Africa’s history and, in so doing, place it within the broader world-making processes of the twenty-first century.
This book examines the ongoing resurgence of traditional power structures in South Africa. Oomen assesses the relation between the changing legal and socio-political position of traditional authority and customary law and what these changes can teach us about the interrelation between law, politics, and culture in the post-modern world.
This book highlights the role of community trusts in social licencing through the lens of mining and mining disputes in South Africa. Employing elements of trust, acceptance and elite interaction as a framework, this book critically investigates the underlying dynamics of community development trusts and also the response of host communities to the inherent dilemma of the SLO concept, namely social legitimation versus corporate profits. Looking at formal versus informal regulatory requirements, popular mobilisation, and the interaction between the local population and mining companies, this book constitutes a thorough look at the issues surrounding mining in South Africa and its effect on society. This book will be of interest to students and scholars of African studies, business in Africa, corporate responsibility, and development studies.
The particular experience of enslaved women, across different cultures and many different eras is the focus of this work.
In Ethnicity, Inc. anthropologists John L. and Jean Comaroff analyze a new moment in the history of human identity: its rampant commodification. Through a wide-ranging exploration of the changing relationship between culture and the market, they address a pressing question: Wherein lies the future of ethnicity? Their account begins in South Africa, with the incorporation of an ethno-business in venture capital by a group of traditional African chiefs. But their horizons are global: Native American casinos; Scotland’s efforts to brand itself; a Zulu ethno-theme park named Shakaland; a world religion declared to be intellectual property; a chiefdom made into a global business by means of its platinum holdings; San “Bushmen” with patent rights potentially worth millions of dollars; nations acting as commercial enterprises; and the rapid growth of marketing firms that target specific ethnic populations are just some of the diverse examples that fall under the Comaroffs’ incisive scrutiny. These phenomena range from the disturbing through the intriguing to the absurd. Through them, the Comaroffs trace the contradictory effects of neoliberalism as it transforms identities and social being across the globe. Ethnicity, Inc. is a penetrating account of the ways in which ethnic populations are remaking themselves in the image of the corporation—while corporations coopt ethnic practices to open up new markets and regimes of consumption. Intellectually rigorous but leavened with wit, this is a powerful, highly original portrayal of a new world being born in a tectonic collision of culture, capitalism, and identity.
In the economics of everyday life, even ethnicity has become a potential resource to be tapped, generating new sources of profit and power, new ways of being social, and new visions of the future. Throughout Africa, ethnic corporations have been repurposed to do business in mining or tourism; in the USA, Native American groupings have expanded their involvement in gaming, design, and other industries; and all over the world, the commodification of culture has sown itself deeply into the domains of everything from medicine to fashion. Ethnic groups increasingly seek empowerment by formally incorporating themselves, by deploying their sovereign status for material ends, and by copyrighting their cultural practices as intellectual property. Building on ethnographic case studies from Kenya, Nepal, Peru, Russia, and many other countries, this collection poses the question: Does the turn to the incorporation and commodification of ethnicity really herald a new historical moment in the global politics of identity?