Results 121 to 130 of about 4,937 (154)
Bundle Fix?: We Need an Act of Congress. [PDF]
J Am Soc NephrolAbra G, Shah AD.
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Journal of Legal Pluralism and Unofficial Law, 2021
The initiative to recognize and incorporate customary law into the state system is now a ubiquitous phenomenon.
Tody Sasmitha Jiwa Utama
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The initiative to recognize and incorporate customary law into the state system is now a ubiquitous phenomenon.
Tody Sasmitha Jiwa Utama
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The concept of living customary law: a critique
Journal of Legal Pluralism and Unofficial Law, 2017The concept of living customary law has been embraced by scholars and judges, especially in southern Africa.
Anthony C Diala
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Towards Living Customary Administrative Law
Journal of Southern African Studies, 2021Traditional leaders in South Africa wield significant public power. They do so under a raft of legislative enactments and also as a matter of customary law.
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Rural women redefining land rights in the context of living customary law
South African Journal on Human Rights, 2009Women's rights and customary law are often understood as being in opposition to one another. This article challenges the usefulness of the prevailing custom / rights dichotomy, arguing that it obscures the way in which struggles to claim resources such as land combine 'human rights' equality claims with claims to customary entitlements.
Sindiso Mnisi, Aninka Claassens
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Journal of Legal Pluralism and Unofficial Law, 2019
After decades of non-recognition, customary law is today recognised as a valid system of law in South Africa treated as equal to the common law.
Fatima Osman
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After decades of non-recognition, customary law is today recognised as a valid system of law in South Africa treated as equal to the common law.
Fatima Osman
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South African Journal on Human Rights, 2017
This article reviews 20 years of the operation of customary law in South Africa since this legal system was recognised in the Constitution as an equal component of the legal order together with the...
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This article reviews 20 years of the operation of customary law in South Africa since this legal system was recognised in the Constitution as an equal component of the legal order together with the...
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Zeitschrift Fur Rechtssoziologie, 2007
Abstract This paper traces the relationship between state law and indigenous systems in South Africa from its incipience, and argues that living customary law has been systematically ignored or inaccurately applied. In it, I advocate a paradigm shift as being fundamental to developing the theories, methods and standards adopted in ...
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Abstract This paper traces the relationship between state law and indigenous systems in South Africa from its incipience, and argues that living customary law has been systematically ignored or inaccurately applied. In it, I advocate a paradigm shift as being fundamental to developing the theories, methods and standards adopted in ...
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Afterword Searching for the Constitutional Living Customary Law
Journal of Southern African Studies, 2021Customary law and traditional leadership in South Africa derive their force and authority from the Constitution and are subject to the Constitution.1 The Constitutional Court’s adoption and develop...
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