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Justice from within
"This volume dedicates itself to the colonial past and liberalisation of Africa, a legal and political anthropology, the new legal architecture in modern Africa and miscellaneous themes. It intends, by alerting to the law from within societies, to deepen the understanding of the phenomenon of legal pluralism observable all the world"--Back cover.
The Shade of New Leaves
"Omudile muua ohapo; epangelo liua ohamba". Freely translated, this proverb of the Ovakwanyama of northern Namibia means: "New leaves produce a good shade; the laws of a king are always as good as new". The proverb paints a picture of wisdom to express the dialectical relationship between continuity and change in customary law. Since royal orders are supposed not to change from one king to the next, they are always as good as new, reads the explanatory note to the proverb by the anthropologist Loeb, who recorded the proverb. Traditional authority is like a tree standing on its roots, rooted in the tradition created by the ancestors of the ruler and the community. These roots remain firm, sta...
Comparative Law and Anthropology
The topical chapters in this cutting-edge collection at the intersection of comparative law and anthropology explore the mutually enriching insights and outlooks of the two fields. Comparative Law and Anthropology adopts a foundational approach to social and cultural issues and their resolution, rather than relying on unified paradigms of research or unified objects of study. Taken together, the contributions extend long-developing trends from legal anthropology to an anthropology of law and from externally imposed to internally generated interpretations of norms and processes of legal significance within particular cultures. The book's expansive conceptualization of comparative law encompasses not only its traditional geographical orientation, but also historical and jurisprudential dimensions. It is also noteworthy in blending the expertise of long-established, acclaimed scholars with new voices from a range of disciplines and backgrounds.
The Future of African Customary Law
This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. It 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.
Challenging Authorities
When the notion of ‘alternative facts’ and the alleged dawning of a ‘postfactual’ world entered public discourse, social anthropologists found themselves in unexpectedly familiar territory. In theirempirical experience, fact—knowledge accepted as true—derives its salience from social mechanisms of legitimization, thereby demonstrating a deep interconnection with power and authority. In thisperspective, fact is a continually contested and volatile social category. Due to the specific histories of their colonial and post-independence experience, African societies offer a particularly broad array of insights into social processes of juxtaposition, opposition, and even outright compe...
Customary Law Ascertained Volume 3
Customary Law Ascertained Volume 3 is the third of a three-volume series in which traditional authorities in Namibia present the customary laws of their communities. It contains the laws of the Nama, Ovaherero, Ovambanderu, and San communities. Volume 2 contained the customary laws of the Bakgalagari, the Batswana ba Namibia and the Damara communities. Recognised traditional authorities in Namibia are expected to ascertain the customary law applicable in their respective communities after consultation with the members of that community, and to note the most important aspect of such law in written form. This series is the result of that process, It has been facilitated but the Human Rights and Documentation Centre of the University of Namibia, through the former Dean of the Law Faculty, Professor Manfred Hinz.
Dowry and Daughters
This book studies the relevance of dowry as a customary practice in Indian marriages. It examines the historical articulation between traditional cultural texts and modern statutory law to understand how daughters are valued and how dowry as a custom defines this value. The author creates a conceptual link between modern, medieval and ancient marriage rites that formulate and embed dowry behaviour and practice within Indian society. This book also provides a critique of the cultural textual tradition of India and South Asia. It asserts for the first time that Vedic materialism is at the core of an adequate understanding of how dowry as wealth comes to occupy such a central position in the field of marriage. An important study into the custom and tradition of South Asia, this book will be indispensable for students and researchers of cultural studies, women’s studies, gender studies, religion, history, law and South Asian studies.
Transition towards gender equality
Worldwide, Namibia ranks high regarding gender equality. However, many women are intimidated by violence perpetrated by men. This book is based on a social anthropological field research in the small town of Outjo, situated in Northern Central Namibia, over a period of 14 months. Gender is learnt, lived and reproduced in a societal frame. Violence against women, too, is perpetrated by men in a societal context. By using mainly qualitative research methods Sonja Gierse-Arsten looks at male and female perspectives to reach a holistic understanding and to provide a basis for sustainable changes towards equal gender relations. She traces the transition from a hierarchical gender system during colonial times to the aspired equal gender relations in present Namibia. Current challenges characterised by poverty and great economic inequalities form the framework in which gender is performed and violence perpetrated. This study offers inspirations to re-think gender to reach substantive gender equality and to overcome the normalisation of violence.
