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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.
The South Africa Reader is an extraordinarily rich guide to the history, culture, and politics of South Africa. With more than eighty absorbing selections, the Reader provides many perspectives on the country's diverse peoples, its first two decades as a democracy, and the forces that have shaped its history and continue to pose challenges to its future, particularly violence, inequality, and racial discrimination. Among the selections are folktales passed down through the centuries, statements by seventeenth-century Dutch colonists, the songs of mine workers, a widow's testimony before the Truth and Reconciliation Commission, and a photo essay featuring the acclaimed work of Santu Mofokeng. Cartoons, songs, and fiction are juxtaposed with iconic documents, such as "The Freedom Charter" adopted in 1955 by the African National Congress and its allies and Nelson Mandela's "Statement from the Dock" in 1964. Cacophonous voices—those of slaves and indentured workers, African chiefs and kings, presidents and revolutionaries—invite readers into ongoing debates about South Africa's past and present and what exactly it means to be South African.
For many nations, a key challenge is how to achieve sustainable development without a return to centralized planning. Using case studies from Greenland, Hawaii and northern Norway, this 2006 book examines whether 'bottom-up' systems such as customary law can play a critical role in achieving viable systems for managing natural resources. Customary law consists of underlying social norms that may become the acknowledged law of the land. The key to determining whether a custom constitutes customary law is whether the public acts as if the observance of the custom is legally obligated. While the use of customary law does not always produce sustainability, the study of customary methods of resource management can produce valuable insights into methods of managing resources in a sustainable way.
During the last decade of the 20th century, Africa has been marked by a "constitutional wind" which has blown across the continent giving impetus to constitutional reforms designed to introduce constitutionalism and good governance. One of the main features of these processes has been the promotion of public participation, encouraged by both civil society and the international community. This book aims to provide a systematic overview of participation forms and mechanisms across Africa, and a critical understanding of the impact of public participation in constitution-making processes, digging beneath the rhetoric of public participation as being at the heart of any successful transition towards democracy and constitutionalism. Using case studies from Central African Republic, Egypt, Kenya, Libya, Malawi, Morocco, Senegal, Somalia, South Africa, South Sudan, Tanzania, Tunisia, Zambia and Zimbabwe, the book investigates various aspects of participatory constitution making: from conception, to processes, and specific contents that trigger ambivalent dynamics in such processes. The abstract glorification of public participation is questioned as theoretical and empirical perspectives are used to explain what public participation does in concrete terms and to identify what lessons might be drawn from those experiences. This is a valuable resource for academics, researchers and students with an interest in politics and constitution building in Africa, as well as experts working in national offices, international organizations or in national and international NGOs.
Few aspects of the history of modern empires are of such significance as their economics and politics. These factors are inextricably linked in many analyses, have generated extensive historiographical debate and are currently the subject of some of the freshest and liveliest scholarship. The articles and chapters which are brought together in this volume relate not only to the European colonial empires, but also to the Napoleonic, Russian and Japanese empires. The collection is strongly comparative in approach with the articles arranged into thematic sections on: the place of politics and economics in the rise and fall of modern empires; the causal relationship between modern empires and colonial, global, and metropolitan economic transformations; and the ’technologies of rule’ which provided the frameworks through which colonial economies were managed, and rights defined. The collection reflects new approaches, as well as the continuing importance of issues addressed in an older historiography, and the thematic arrangement produces useful juxtapositions of older and newer literatures. The substantial introduction explores the themes and identifies key historiographical trends in relation to each.
Brauchler examines the Indonesian decentralisation process and the revival of tradition and cultural self-determination in the Moluccas. Tuori studies restatements and codifications of customary laws in Africa. Harboe Knudsen considers European Union regulation of the marketing of dairy products in Lithuania. Douglas and Hersi examine the attitudes of Muslims to the smoking of khat. Simarmata studies the contrast between Indonesian state law and local officials' practice regarding natural resources use in East Kalimantan.
Unlike its Southeast Asian neighbors, Thailand was never colonized by an imperial power. However, Siam (as Thailand was called until 1939) shared a great deal in common with both colonized states and imperial powers: its sovereignty was qualified by imperial nations while domestically its leaders pursued European colonial strategies of juridical control in the Muslim south. The creation of family law and courts in that region and in Siam proper most clearly manifests Siam's dualistic position. Demonstrating the centrality of gender relations, law, and Siam's Malay Muslims to the history of modern Thailand, Subject Siam examines the structures and social history of jurisprudence to gain insight into Siam's unique position within Southeast Asian history. Tamara Loos elaborates on the processes of modernity through an in-depth study of hundreds of court cases involving polygyny, marriage, divorce, rape, and inheritance adjudicated between the 1850s and 1930s. Most important, this study of Siam offers a novel approach to the question of modernity precisely because Siam was not colonized yet was subject to transnational discourses and symbols of modernity. In Siam, Loos finds, the language of modernity was not associated with a foreign, colonial overlord, so it could be deployed both by elites who favored continuation of existing domestic hierarchies and by those advocating political and social change.
Using her experience of living under apartheid and witnessing its downfall and the subsequent creation of new governments in South Africa, the author examines and compares gender inequality in societies undergoing political and economic transformation. By applying this process of legal transformation as a paradigm, the author applies this model to Afghanistan. These two societies serve as counterpoints through which the book engages, in a nuanced and novel way, with the many broader issues that flow from the attempts in newly democratic societies to give effect to the promise of gender equality. Developing the idea of ’conditional interdependence’, the book suggests a new approach based on the communitarian values which underpin newly democratic societies and would allow women’s rights to gain momentum and reap greater benefits. Broad in its thematic approach, the book generates challenging and complex questions about the achievement of gender equality. It will be of interest to academics interested in gender and human rights, international and comparative law.
The leading text in the field, this indispensable guide to understanding the mixed jurisdictions is now fully updated and expanded.
"Legal academics and practitioners in recent decades increasingly emphasize the so-called "globalization" of legal education. The diffusion of the Juris Doctor (JD) degree to Australia, Hong Kong, Japan and South Korea, as well as the advent of a very similar Juris Master (JM) degree in China and a shift in the late 1980s and beyond to a new, US-influenced format in India, exemplify shifts toward US legal education practices (Flood 2014). The global and Americanizing trend is evident on the web sites of law schools around the globe, with many law schools competing to be the most "global" in terms of their faculty, curricula, teaching methods, and students. Less pronounced but related to the literature on legal globalization is that on "transnationalization" and transnational processes, which is a strong component of the move toward globalization in legal education. As this book shows, if we look to see what is celebrated as part of globalized law schools and faculties, we see increased cross-border flows of professors and students, teaching of transnational legal subjects, development of particular forms of teaching practice such as legal clinics, explicit focus on transnational rankings, and transnationalized scholarly communities sharing teaching and research methods and approaches across domains of law"--