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"This book was originally published as a monograph in the International encyclopaedia of laws/Family and succession law."
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.
Within the field of management of natural resources, this book focuses on the various approaches of policy formulation and implementation. The question central to this book is how to co-operate with people, the various categories of residents as well as non-residents, in the rural areas: in a top-down, a participatory or a contractual (co-management) way. On the basis of a comparative analysis of 12 case studies in the book, these three approaches are thoroughly discussed and their internal and external constraints examined. The book starts with an editorial chapter, discussing the recent administrative and political developments in Africa as well as the new opportunities, which they offer f...
Himonga describes and analyzes the major developments in succession and family laws since the country's independence and places them against the background of changing social and economic conditions. The operation of the law, its application by the courts and other institutions in the informal sphere, and popular responses to the law are a major focus of the book. The book also attempts a critical analysis of the operation of the law and legal institutions in a pluralistic society.
This book takes a comparative law perspective and proposes a new approach for researching law in Africa. Western theoretical perspectives in comparative law are too Eurocentric to fully catch the peculiarities and characteristics of the African “lawscape”—in short, they are inadequate for studying African law. In this book, Professor Salvatore Mancuso considers the law in Africa from a different perspective. Deeply rooted in the culture of the African people, this approach considers African legal culture with the same legitimacy as Western legal culture, setting a precedent for future policy-making decisions relating to legislative development in Africa.
This book provides a history of some of the main institutions of South African private law and in so doing explores the process through which integration of the English common law and the continental civil law came about in that jurisdiction. Here is a book aimed at both European and South African audiences. For European lawyers it provides a stimulating insight into the way the process of harmonization of private law has occurred in South Africa and may occur within the European Union. By analysing the historical evolution of the most important institutions of the law of obligations and the law of property the book demonstrates how the two legal traditions have been accommodated within one ...