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What are the impacts of ethnically based, traditional political institutions on democratic state and nation building in Southern Africa and how do heterogeneous sources of legitimacy affect the prospects of long-term democratic regime consolidation? What are the impacts of "traditionalism" employed for purposes of party-political mobilization? An indicator for the political influence of traditional leadership in Southern Africa is the fact that a considerable number of democratically elected politicians in high office originate from aristocratic families, representing hereditary traditional leadership structures for centuries. This is evident for the charismatic founding president of the new South Africa; Nelson Mandela, as well as for his adversary, the prime minister-in-office, Mangosuthu Buthelezi. The careful reconsideration of this "state behind the state" has been identified as crucial, in this study, to make any realistic assessments of the prospects for sustainable democratization in Southern African countries in the near future.
Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).
In our time the study of law and religion is emerging as a wide-ranging and vital academic discipline, with increasingly urgent implications for society at large. Lying at the intersection of a variety of other disciplines ? law, theology, religious studies, political science, sociology and anthropology, to name only the most obvious ? the field of law and religion is generating a burgeoning volume of interdisciplinary and trans-disciplinary research and study. The current volume is proof of this. The discussion of the relationship between law and religion, as seen from a variety of perspectives in Africa, underscores the critical importance of the issues involved in the everyday life of all citizens. It is accordingly vital for governments to take note of the scholarly results that are produced. We hope that this volume will contribute to this aim.
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 takes a comparative law perspective and proposes a new approach for researching law in Africa. Western theoretical perspectives in comparative law are too Eurocentric to fully catch the peculiarities and characteristics of the African “lawscape”—in short, they are inadequate for studying African law. In this book, Professor Salvatore Mancuso considers the law in Africa from a different perspective. Deeply rooted in the culture of the African people, this approach considers African legal culture with the same legitimacy as Western legal culture, setting a precedent for future policy-making decisions relating to legislative development in Africa.
Rights and Responsibilities in Rural South Africa examines the gendered and generational conflicts surrounding social change in South Africa's rural Eastern Cape roughly twenty years after the end of Apartheid. In post-Apartheid South Africa, rights-based public discourse and state practices promote liberal, autonomous, and egalitarian notions of personhood, yet widespread unemployment and poverty demand that people rely closely on one another and forge relationships that disrupt the gendered and generational hierarchies framed as traditional and culturally authentic. Kathleen Rice examines the ways these tensions and restructurings lead to uncertainties about how South Africans should live together in their daily lives, with particular implications for understanding and responding to widespread gendered and sexual conflict and violence. Focusing particularly on the women of the village of Mhlambini, Rights and Responsibilities in Rural South Africa offers compelling portraits of how they experience and navigate widespread social and economic change and presents their experiences as a way of understanding how people navigate the moral ambiguities of contemporary South African life.
Based on peer-reviewed articles from the Second International Conference of the South Asian Society of Criminology and Victimology, Interpersonal Criminology investigates the roots of crime and victimization, rather than dissecting criminal behavior after the fact. The book divides crime by type, covering crimes against women, crimes against children and youths, culture conflict and victimization of groups, and interpersonal cybercrimes. Perfect for criminal justice practitioners and advanced human rights, criminology, and victimology students, Interpersonal Criminology explores the complexities of crime and interpersonal events in both established and emerging fields of criminology, including those concerning women and minorities.