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International law has become part of everyday family law practice, as lawyers everywhere are confronted with questions regarding the rights of 'mail-order' brides, the adoption of children from other countries, the abduction of children by foreign parents, and domestic violence victims seeking asylum. Indeed, globalization is transforming family law, even as families themselves are being redefined. This book provides a practical overview of such issues and also examines the ways in which culture shapes family law in different countries. It provides students with a useful introduction to challenging, complicated and fascinating issues in international family law. Finally, by incorporating a comparative perspective, it gives readers an opportunity to re-examine their own legal systems.
The fourth edition of the Historical Dictionary of Botswana_through its chronology, introductory essay, appendixes, map, bibliography, and hundreds of cross-referenced dictionary entries on important persons, places, events, institutions, and significant political, economic, social, and cultural aspects_provides an important reference on this burgeoning African country.
The death of Botswana’s last founding father, Sir Ketumile Quett Masire, in June 2017, marked the end of an era. Since the release of the Fourth Edition of Historical Dictionary of Botswana in 2008, Botswana has gone through its most turbulent and divided decade to date. Throughout September 2016, when Botswana celebrated its 50th anniversary of independence, all the successes of the Seretse and Masire era were sources of massive national pride. Botswana had expanded provisions of electricity, water, education, and health services to almost all of its people and become a model nation that owned its natural resources and plowed the profits back into the nation’s development. Despite these successes, Botswana has a high unemployment rate (about 20 percent) and a much larger cohort of the underemployed. This fifth edition of Historical Dictionary of Botswana contains a chronology, an introduction, appendixes, an extensive bibliography, and more than 700 cross-referenced entries on important personalities and aspects of the country’s politics, economy, foreign relations, religion, and culture. This book is an excellent resource for students, researchers, and anyone wanting to know more about Botswana.
Comparative in both approach and framework, Family Law, Sex and Society provides a critical exposition of key areas in family law, exploring their evolution and development within their historical, cultural, political and legal context. Cross-referencing to English law throughout, this comparative textbook pays particular attention to the transformation of marriage; the development of divorce laws; matrimonial property; the legal recognition of unmarried heterosexual and same-sex cohabitants; the universal adoption of the best interests standard for children in domestic and international legislation; and the impact of the Human Rights Act 1998 on family law in a variety of jurisdictions. Divided into different sections, Family Law, Sex and Society includes coverage of: a jurisdictional and historical survey of some of the main themes in Family Law, as well as consideration of the evolution of the Western family the English law relating to divorce, marital property and children and a comparison with the equivalent law in the civil law jurisdictions of France and Germany family law developments in other common law countries such as Australia and New Zealand, selected American jurisdictions, parts of Africa and some Far Eastern countries; and hybrid jurisdictions like Japan and Russia an analysis of the law relating to unmarried cohabitation and domestic partnerships in civil law jurisdictions such as France, Germany and Sweden in comparison to Anglo-American law a comparative analysis of the laws relating to domestic violence. Family Law, Sex and Society offers valuable socio-legal and socio-cultural insights into the practice of family law, and is the only textbook that provides a unified, coherent and comparative approach to the study of family law as it operates in these particular jurisdictions.
On ‘Shoot the Boer’, hate speech and the banning of struggle songs - PULP FICTIONS No.6 Edited by Karin van Marle 2010 ISSN: 1992-5174 Pages: 23 Print version: Available Electronic version: Free PDF available About the publication In the two contributions to this volume we find the following passages: ‘Whether one is an upper-middle class Afrikaner or a poor black rural woman whether one is a black small business entrepreneur or a poor white car guard, an obsession with hate speech will not do us any good.’ (De Vos) ‘The protection of these values is not sub-ordinate to the problems of unemployment corruption, poverty and discrimination. On the contrary, those problems can only be tackled if these values are upheld and developed.’ (Spies) David Scott in Conscripts of modernity: The tragedy of colonial enlightenment (2004) investigates how colonial struggles are told in history. He observes how often what happened in the past is told to serve present day priorities. CLR James’s account of the Haitian Revolution of 1791-1804 in his work, The Black Jacobins, is one example of a text written in a time when decolonization was a future possibility. This work is described by Scott as a work of anti-colonial longing. Scott’s argument is that we should move away from anti-colonial longing in order to start thinking of other kinds of problems and other kinds of questions. James, in a revised edition of The Black Jacobins published in 1963, recast the initial narrative from one of romance to one of tragedy. In a post-apartheid South-Africa we are constantly being haunted by our apartheid and colonial past. How we respond to, but even before responding, how we understand the many challenges we face today — ongoing poverty, crime, corruption, equality, dignity, freedom of speech — may depend on how we relate to past, present and future, and specifically how we frame the stories of the struggle against colonialism and against apartheid. Becoming post-colonial (post-apartheid) requires new angles, new starting points. It might be fruitful to study the actions and speech of Julius Malema in light of Scott’s observations. In other words we could reflect on the extent to which Malema remains in an anti-colonial struggle engulfed by Romanticism and is therefore not engaged in a postcolonial struggle, and accordingly fails to engage in a ‘politics for a possible future’. (Scott (2004)) In this edition of Pulp fictions, Pierre De Vos takes another angle on the issue of Julius Malema’s singing of struggle songs and his statements concerning victims of rape. De Vos argues for us not to be blinded by debates on freedom of speech / hate speech, if the real issue is a political struggle for socio-economic transformation. For De Vos, ‘poverty, corruption, discrimination and a lack of service delivery are far more important issues that need to be faced head on.’ Willie Spies in response to De Vos argues for ‘a change of our mindset’ and that such a change is not contrary to socioeconomic reform but rather tightly connected to it. About the Editor: Karin van Marle is a Professor at the Department of Legal History, Comparitive Law and Jurisprudence, at the Faculty of Law, University of Pretoria
Anne Griffiths originally went to Botswana to establish a university course in family law. But independent fieldwork in Botswana convinced her of the central role of the traditional customary legal system that stands alongside the colonial common law of courts and magistrates she was examining in her course. In the first comparative work on these two systems, Griffiths shows how the structure of both legal institutions is based on power and gender relations that heavily favor males. Griffiths's analysis is based on careful observation of how people actually experience the law as well as the more standard tools of statutes and cases familiar to Western legal scholars. She explains how women's access to law is determined by social relations over which they have little control. In this powerful feminist critique of law and anthropology, Griffiths shows how law and custom are inseparable for Kwena women. Both colonial common law and customary law pose comparable and constant challenges to Kwena women's attempts to improve their positions in society.