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Customary laws and traditional institutions in Africa constitute comprehensive legal systems that regulate the entire spectrum of activities from birth to death. Once the sole source of law, customary rules now exist in the context of pluralist legal systems with competing bodies of domestic constitutional law, statutory law, common law and international human rights treaties. This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. The volume considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form and status from legislation and common law. It also addresses a number of substantive areas of customary law including the role and power of traditional authorities; customary criminal law; customary land tenure, property rights and intestate succession; and the relationship between customary law, human rights and gender equality.
Customary law --- Law --- General and Others
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Customary law --- Peasants --- Droit coutumier --- Paysannerie
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This volume presents annotated English translations of 74 awards handed down by tribal arbitrators and other legal documents obtained from the Bedouin of the Judean Desert. The documents address such legal issues as blood and sexual offenses, family disputes, inheritance, private transactions in land and water rights, tribal boundaries, contracts and obligations. The documents, some of which date back to the 19th century, provide vital information on the process of Islamization of the tribal customary law in the precinct of the tribal judge. The facsimile reproductions of the manuscripts are included, rendering direct access to the original documents. The study is intended for students of Islamic law, of customary law and of comparative law, and historians interested in the legal, social and economic history of modern Palestine and Jordan. A linguistic essay, by Dr. Mūsā Shawārbah, based on the Bedouin documents, appears at the end of the study.
Customary law (Islamic law) --- Customary law. --- Law, Bedouin. --- Judean Desert. --- Judaea, Wilderness of.
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Dispute resolution (Law) --- Customary law --- Justice, Administration of
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Government --- Theory of the state --- Political sociology --- Developing countries --- Legal polycentricity --- Customary law --- Central-local government relations --- Legal polycentricity. --- Customary law. --- Central-local government relations. --- Legal polycentricity - Africa --- Customary law - Africa --- Central-local government relations - Africa
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Land tenure --- Real property --- Customary law --- Rule of law --- Law and legislation
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Land tenure --- Real property --- Customary law --- Rule of law --- Law and legislation
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Land tenure --- Real property --- Customary law --- Rule of law --- Law and legislation
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"Recent decades have witnessed an impressive process of normative development in international law. Numerous new treaties have been concluded, at global and regional levels, establishing far-reaching international legal and regulatory regimes in important areas such as human rights, international trade, environmental protection, criminal law, intellectual property, and more. New political and judicial institutions have been established to develop, apply and adjudicate these rules. This trend has been accompanied by the growing consolidation of treaty norms into international custom, and increased references to international law in domestic settings. As a result of these developments, international relations have now reached an unprecedented level of normative density and intensity, but they have also given rise to the phenomenon of 'fragmentation'. The debate over the fragmentation of international law has largely focused on conflicts: conflicts of norms and conflicts of authority. However, the same developments that have given rise to greater conflict and contradiction in international law, have also produced a growing amount of normative equivalence between rules in different fields of international law. New treaty rules often echo existing international customary norms. Regional arrangements reinforce undertakings that already exist at the global level; and common concerns and solutions appear in many international legal fields. This book focuses on such instances of normative parallelism, developing the concept of 'multisourced equivalent norms' in international law, with contributions by leading international law experts exploring the legal and political implications of the concept in a variety of contexts that span the full spectrum of international legal norms and institutions. By concentrating on situations governed by a multitude of similar norms, the book emphasizes the importance of legal contexts and institutional settings to international law-interpretation and application."--Bloomsbury Publishing.
Conflict of laws. --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Civil law --- International law --- Customary law, International --- Customary international law --- International customary law --- Jus cogens (International law) --- Sources --- History --- E-books --- Customary law, International. --- Sources. --- International law - Sources
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