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This volume includes the following contributions: All Law Is Plural: Legal Pluralism and the Distinctiveness of Law * Plural Legal Orders of Land Use * Could Singapore's Legal Pluralism Work in Australia? * Substantive Equality and Maternal Mortality in Nigeria * An Institutional Perspective on Courts of Law in Colonial and Postcolonial Settings * Comparative Law at the Intersection of Religious and Secular Orders (Series: The Journal of Legal Pluralism and Unofficial Law - Vol. 65)
The concept of 'hybridity' is often still poorly theorized and problematically applied by peace and development scholars and researchers of resource governance. This book turns to a particular ethnographic reading of Michel Foucault's Governmentality and investigates its usefulness to study precisely those mechanisms, processes and practices that hybridity once promised to clarify. Claim-making to land and authority in a post-conflict environment is the empirical grist supporting this exploration of governmentality. Specifically in the periphery of Bukavu. This focus is relevant as urban land is increasingly becoming scarce in rapidly expanding cities of eastern Congo, primarily due to internal rural-to-urban migration as a result of regional insecurity. The governance of urban land is also important analytically as land governance and state authority in Africa are believed to be closely linked and co-evolve. An ethnographic reading of governmentality enables researchers to study hybridization without biasing analysis towards hierarchical dualities. Additionally, a better understanding of hybridization in the claim-making practices may contribute to improved government intervention and development assistance in Bukavu and elsewhere.
A study of biodiversity governance analyzes the factors that determine the effectiveness of transnational advocacy networks and the importance of justice claims to conservation. In the late 2000s, ordinary citizens in Jamaica and Mexico demanded that government put a stop to lucrative but environmentally harmful economic development activities—bauxite mining in Jamaica and large-scale tourism and overfishing on the eastern coast of the Yucatán Peninsula. In each case, the catalyst for the campaign was information gathered and disseminated by transnational advocacy networks (TANs) of researchers, academics, and activists. Both campaigns were successful despite opposition from industry supporters. Meanwhile, simultaneous campaigns to manage land in another part of the Yucatán and to conserve migratory birds in Egypt had far less success. In this book, Kemi Fuentes-George uses these four cases to analyze factors that determine the success or failure of efforts by TANs to persuade policymakers and private sector actors in developing countries to change environmental behavior. Fuentes-George argues that in order to influence the design and implementation of policy, TANs must generate a scientific consensus, create social relationships with local actors, and advocate for biodiversity in a way that promotes local environmental justice. Environmentally just policies would allow local populations access to their lands provided they use natural resources sustainably. Justice claims are also more likely to generate needed support among local groups for conservation projects. In their conservation efforts, Jamaica, Mexico, and Egypt were attempting to meet their obligations under the UN Convention on Biological Diversity and other regional agreements. Fuentes-George's innovative analysis shows the importance of local environmental justice for the implementation of international environmental treaties.
"Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
This book argues that the promulgation of the Traditional Leadership and Governance Framework and Communal Land Rights Acts runs the risk of compromising South Africa's democracy. The acts establish traditional councils with land administration powers. These structures are dominated by unelected members.
Being a home to more than 80 ethnic groups, Ethiopia has to balance normative diversity with efforts to implement state law across its territory. This volume explores the co-existence of state, customary, and religious legal forums from the perspective of legal practitioners and local justice seekers. It shows how the various stakeholders' use of negotiation, and their strategic application of law can lead to unwanted confusion, but also to sustainable conflict resolution, innovative new procedures and hybrid norms. The book thus generates important knowledge on the conditions necessary for stimulating a cooperative co-existence of different legal systems.
Competing for Caesar brings together, for the first time, key scholars working on various issues related to religion and public life in Zambia. They explore the interplay between religion and politics in Zambian society and how these religions manage and negotiate their identities in public life. This book analyzes recent religious dynamics in the nation's political life, and considers what constructive role religion could play to promote an alternative political vision to subvert neo-colonialism. Competing for Caesar carries forward a unique commitment on the part of Fortress Press to engage with the challenges and opportunities of Christianity in the Global South. The book will be of interest to scholars, professors, and students in a wide range of fields.
Development studies in developing regions such as Southern Africa rely heavily on materials developed by Europeans with a European context. European dominance in development studies emanates from the fact that the discipline was first developed by Europeans. Some argue that this has led to distortions in theory and practice of development in Southern Africa. This book wishes to begin Africa’s expedition to develop proper material to de-Westernize while Africanizing the context of the scholarship of rural development. African Perspectives on Reshaping Rural Development is an essential reference source that repositions the context of rural development studies from the Western-centric knowledge system into an African context in order to solve African-centered problems. Featuring research on topics such as food security, poverty reduction, and community engagement, this book is ideally designed for planners, researchers, practitioners, policymakers, government officials, academicians, and students seeking clarity on theory and practice of development in Africa.
Keeping Hold of Justice focuses on a select range of encounters between law and colonialism from the early nineteenth century to the present. It emphasizes the nature of colonialism as a distinctively structural injustice, one which becomes entrenched in the social, political, legal, and discursive structures of societies and thereby continues to affect people’s lives in the present. It charts, in particular, the role of law in both enabling and sustaining colonial injustice and in recognizing and redressing it. In so doing, the book seeks to demonstrate the possibilities for structural justice that still exist despite the enduring legacies and harms of colonialism. It puts forward that these possibilities can be found through collaborative methodologies and practices, such as those informing this book, that actively bring together different disciplines, peoples, temporalities, laws and ways of knowing. They reveal law not only as a source of colonial harm but also as a potential means of keeping hold of justice.