Overview

This collection challenges the prevailing conflict of laws approach to the interaction of state and indigenous legal systems. It introduces adaptive legal pluralism as an alternative framework that emphasises dialogue and engagement between these legal systems. By exploring a dialogic approach to legal pluralism, the authors shed light on how it can effectively address the challenges stemming from the colonial imposition of industrial legal systems on Africa’s agrarian political economies.

Full Product Details

Author:   Anthony C. Diala ,  Christa Rautenbach
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   80
Weight:   0.976kg
ISBN:  

9789004696730

ISBN 10:   9004696733
Pages:   502
Publication Date:   30 May 2024
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

Foreword Acknowledgements Notes on Contributors 1 Introduction   Anthony C. Diala and Christa Rautenbach Part 1 Succession in African Legal Pluralism 2 State Intervention in the Customary Law of Succession in South Africa: What Remains of Customary Norms in the “Rainbow Nation”?   Christa Rautenbach 3 The Communal Nature of the South African Customary Law of Succession: Developments in the 21st Century   Fatima Osman Part 2 Marriage in African Legal Pluralism 4 Balancing Customary Practices and Human Rights in the Proposed Single Marriage Bill   Rita Ozoemena, George Fordam Otieno Wara and Khupi Ramarumo 5 Recognition of Woman-to-Woman Marriage under State Laws and African Customary Laws   Adeniyi Olatunbosun and Samson Odetayo 6 Constitutional Transformation of the Customary Marriage Laws of the Batswana Tribe   Boitumelo Mmusinyane Part 3 Islamic and Comparative Law in African Legal Pluralism 7 The Past, Present, and Future of Muslim Personal Law in Ghana: A Judicial Analysis   Yüksel Sezgin 8 Community Protocols as Self-Determination Strategies: Indigenous Experiences of Legal Pluralism in the Global South – The Cases of Brazil and South Africa   Rodrigo Ferreira Barros 9 Sustainability of Customary Law Arbitration within the Nigerian Legal System: Judicial Rigidity versus the Organic Fluidity of Customary Law   Philip O. Odiase 10 “Our Human Rights are Our Land”: Reconceptualising the Right to Property from an Indigenous Perspective   Davinia Gómez-Sánchez Part 4 Theoretical Perspectives on African Legal Pluralism 11 Penalising Passion: A Reflection on the Offence of Adultery in the Context of Cultural Relativism and Human Rights   Jennifer H. Mike 12 Limitations to the Application of Customary Law as Determinants of the Nature of Customary Law in Botswana   Bonolo Ramadi Dinokopila 13 Laws of Motion and Motions of Laws: Towards a Transformative Law-and-Political-Economy Framework for Customary Law in South Africa   Reshard L. Kolabhai   Epilogue   Albie Sachs Index

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Author Information

Anthony C. Diala, Ph.D. (2016), is a distinguished Professor of African law and Director of the Centre for Legal Integration in Africa at the University of the Western Cape, South Africa. Renowned for his research, he specialises in legal pluralism, comparative law, and human rights in Africa. Christa Rautenbach, LL.D. (2001), is a distinguished Professor of Law at the North-West University, South Africa. A leading scholar in legal pluralism and succession law, she has authored and edited key publications, such as ""Introduction to Legal Pluralism in South Africa"" (LexisNexis, 2021, 5th ed).

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