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This book, conceived in Rangoon, nourished and delivered at the Yale Law School, attempts to study the customary laws of Burma in the context of the country's legal system. Customary laws govern the affairs of the family mainly while codes and precedents designed and developed on the imported British common law system enjoy exclusive control and authority over the remaining legal relationships in society. This volume looks at the legal system in outline and the customary law of the Bur mese family in some detail. The customary laws of other indigenous groups, such as the Shans, the Kachins, the Chins, the Kayah, the Mon and the Arakanese, also need to be studied, restated and appraised, for though the laws are similar there are shades of differences, and in build ing the Union of Burma it is important to build strongly on the simi larities while giving due respect to the differences. It is, therefore, hoped, that this volume will launch a series of studies on the customary laws of the peoples of Burma in a large context and with high aim. There are many needs for continuing research in the field of custom ary law. One is to discover the customs of the people as they really are, not just what they are presumed to be in early legal treatises or in later judicial decisions.
This edited volume addresses the dynamics of the legal system of Myanmar/Burma in the context of the dramatic but incomplete transition to democracy that formally began in 2011. It includes contributions from leading scholars in the field on a range of key legal issues now facing Myanmar, such as judicial independence, constitutional law, human rights and institutional reform. It features chapters on the legal history of Myanmar; electoral reform; the role of the judiciary; economic reforms; and the state of company law. It also includes chapters that draw on the experiences of other countries to contextualise Myanmar's transition to democracy in a comparative setting, including Myanmar's participation in regional bodies such as ASEAN. This topical book comes at a critical juncture in Myanmar's legal development and will be an invaluable resource for students and teachers seeking greater understanding of the legal system of Myanmar. It will also be vital reading for a wide range of government, business and civil society organisations seeking to re-engage with Myanmar, as it navigates a difficult transition toward democracy and the rule of law.
Legal Anthropology: An Introduction offers an initial overview of the challenging debates surrounding the cross-cultural analysis of legal systems. Equal parts review and criticism, James M. Donovan outlines the historical landmarks in the development of the discipline, identifying both strengths and weaknesses of each stage and contribution. Legal Anthropology suggests that future progress can be made by looking at the perceived fairness of social regulation, rather than sanction or dispute resolution as the distinguishing feature of law.
The rule of law is a political ideal today endorsed and promoted worldwide. Or is it? In a significant contribution to the field, Nick Cheesman argues that Myanmar is a country in which the rule of law is 'lexically present but semantically absent'. Charting ideas and practices from British colonial rule through military dictatorship to the present day, Cheesman calls upon political and legal theory to explain how and why institutions animated by a concern for law and order oppose the rule of law. Empirically grounded in both Burmese and English sources, including criminal trial records and wide ranging official documents, Opposing the Rule of Law offers the first significant study of courts in contemporary Myanmar. It sheds new light on the politics of courts during dark times and sharply illuminates the tension between the demand for law and the imperatives of order.
Examining the unique cultures of the Islamic Middle East, sub-Saharan Africa, Indianized Asia, and China, Adda Bozeman attacks the supposition that world unity can be achieved through the application of Western ideals of international law and organization. Originally published in 1971. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
This is the first study in a half century of one of the least known societies in the contemporary world. Burma at the Turn of the 21st Century provides insight into the everyday lives, concerns, and values of the people of this reclusive nation. Prominent anthropologists and religion scholars with in-depth, long-term knowledge of central Burma offer detailed analyses of the ways in which Burmese actively manage and create lives for themselves in the shadow of a military dictatorship. Their research crosses the domains of religious, political, and social life, examining public festivals and performance, local-state relations, literary life, lottery frenzies, mass meditators, political rumors and black humor, the value of children, changing male identities, and more in this impressive, wide-ranging collection.
Walton explains political dynamics in Myanmar through Buddhist thought, providing a conceptual framework for understanding Myanmar's ongoing political transition.
The Princess of the Flaming Womb, the Javanese legend that introduces this pioneering study, symbolizes the many ambiguities attached to femaleness in Southeast Asian societies. Yet, despite these ambiguities, the relatively egalitarian nature of male-female relations in Southeast Asia is central to arguments claiming a coherent identity for the region. This challenging work by senior scholar Barbara Watson Andaya considers such contradictions while offering a thought-provoking view of Southeast Asian history that focuses on women's roles and perceptions. Andaya explores the broad themes of the early modern era (1500-1800) - the introduction of new religions, major economic shifts, changing patterns of state control, the impact of elite lifestyles and behaviors - drawing on an extraordinary range of sources and citing numerous examples from Thai, Vietnamese, Burmese, Philippine, and Malay societies.