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5. Living Customary Law and the Law: Does Custom Allow for a Woman to Be Hosi?
2020exaly +2 more sources
(Re)designing Living Customary Law to Protect a First Wife in a Pluralistic Legal System
2022Christa Rautenbach
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Living Customary Law and the Law
2014This chapter reviews the court cases of all levels of the court system in South Africa as they grappled with the decision of the Valoyi Tribe to appoint a woman as hosi. The supreme court of South Africa held that the Valoyi tribe were not following their own law when they appointed a woman as chief through their own royal authorities.
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Indigenous Peoples, Customary Law and Human Rights - Why Living Law Matters
2014This work demonstrates the fundamental role of customary law for the realization of Indigenous peoples' human rights and for sound national and international legal governance. The book reviews the legal status of customary law and its relationship with positive and natural law from the time of Plato up to the present.
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Articulations of Aboriginal Title, Indigenous Rights, and Living Customary Law in South Africa
Social & Legal Studies, 2017Contemporary postcolonial scholarship often argues that common law Aboriginal title and the rights of indigenous peoples are regulated by colonial legal regimes that determine the limits of recognition and subjects indigenous peoples to oppressive forms of government.
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Journal of Adat Recht
This study analyzes the existence of customary law as a living law within Indonesia’s legal system through the paradigm of legal pluralism. Although Indonesia adopts a codified national legal system, customary law continues to function as a normative authority that regulates community behavior and dispute resolution.
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This study analyzes the existence of customary law as a living law within Indonesia’s legal system through the paradigm of legal pluralism. Although Indonesia adopts a codified national legal system, customary law continues to function as a normative authority that regulates community behavior and dispute resolution.
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A Custom’s Nine Lives: Decolonial Continuities of Opinio Juris in Customary International Law
Chinese Journal of International LawAbstract “Old” customs stress upon State practice while the “new” on opinio juris. The Right of Passage over Indian Territory case (1960) started a debate from the bench to the bar on the coexistence of general, local, and special customs in the postcolonial law of territory.
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2015
Customary systems of marine resource governance have gained increasing attention internationally in the past three decades. Notwithstanding this, and despite the Constitutional recognition of customary governance and customary law in South Africa, the post-apartheid legislative reforms in the fisheries sector have failed to recognise customary systems ...
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Customary systems of marine resource governance have gained increasing attention internationally in the past three decades. Notwithstanding this, and despite the Constitutional recognition of customary governance and customary law in South Africa, the post-apartheid legislative reforms in the fisheries sector have failed to recognise customary systems ...
openaire +1 more source