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The Making of South African Legal Culture 1902-1936
Martin Chanock's illuminating and definitive perspective on that development examines all areas of the law including criminal law and criminology; the Roman-Dutch law; the State's African law; and land, labour and 'rule of law' questions.
Law, Custom, and Social Order
This book explores the historical formation during the colonial period of that part of African law know as customary law.
The Role of Customary Law in Sustainable Development
For many nations, a key challenge is how to achieve sustainable development without a return to centralized planning. Using case studies from Greenland, Hawaii and northern Norway, this 2006 book examines whether 'bottom-up' systems such as customary law can play a critical role in achieving viable systems for managing natural resources. Customary law consists of underlying social norms that may become the acknowledged law of the land. The key to determining whether a custom constitutes customary law is whether the public acts as if the observance of the custom is legally obligated. While the use of customary law does not always produce sustainability, the study of customary methods of resource management can produce valuable insights into methods of managing resources in a sustainable way.
Masters, Servants, and Magistrates in Britain and the Empire, 1562-1955
Master and servant acts, the cornerstone of English employment law for more than four hundred years, gave largely unsupervised, inferior magistrates wide discretion over employment relations, including the power to whip, fine, and imprison men, women, and children for breach of private contracts with their employers. The English model was adopted, modified, and reinvented in more than a thousand colonial statutes and ordinances regulating the recruitment, retention, and discipline of workers in shops, mines, and factories; on farms, in forests, and on plantations; and at sea. This collection presents the first integrated comparative account of employment law, its enforcement, and its importa...
For Martin Chanock
Martin Chanock's insights into the construction of African 'customary' law and the architecture of South African racial oppression provide the starting points for this volume, which includes:Professor Martin Chanock's preview of his book on the difficult history of African constitutionalism, and the potential promise of a return to a living customary lawProfessor Chris Arup on the ways that cause lawyering in Australia (as elsewhere) is shaped by its setting, and the ways that Chanock, as an educator, worked to affect that setting Professor Frank Munger on cause lawyering and grassroots advocacy as a path to liberty even in systems lacking legalist traditionsProfessor Stephen Ellmann on the ...
Unconsummated Union
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The Miombo in Transition
Miombo woodlands and their use: overview and key issues. The ecology of miombo woodlands. Population biology of miombo tree. Miombo woodlands in the wider context: macro-economic and inter-sectoral influences. Rural households and miombo woodlands: use, value and management. Trade in woodland products from the miombo region. Managing miombo woodland. Institutional arrangements governing the use and the management of miombo woodlands. Miombo woodlands and rural livelihoods: options and opportunities.
Unpopular Sovereignty
A truly satisfactory history of Rhodesia, one that takes into account both the African history and that of the whites, has never been written. That is, until now. In this book Luise White highlights the crucial tension between Rhodesia as it imagined itself and Rhodesia as it was imagined outside the country. Using official documents, novels, memoirs, and conversations with participants in the events taking place between 1965, when Rhodesia unilaterally declared independence from Britain, and 1980 when indigenous African rule was established through the creation of the state of Zimbabwe, White reveals that Rhodesians represented their state as a kind of utopian place where white people dared...
Law as Process
This is a study of the role of law in society, using both pre-industrial and modern settings. It argues that the same social processes which prevent the total regulation of society also reshape and transform efforts at partial regulation.
A Sociology of Constitutions
Using a methodology that both analyzes particular constitutional texts and theories and reconstructs their historical evolution, Chris Thornhill examines the social role and legitimating status of constitutions from the first quasi-constitutional documents of medieval Europe, through the classical period of revolutionary constitutionalism, to recent processes of constitutional transition. A Sociology of Constitutions explores the reasons why modern societies require constitutions and constitutional norms and presents a distinctive socio-normative analysis of the constitutional preconditions of political legitimacy.
