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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.
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 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...
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.
Creating the Creole Island
The island of Mauritius lies in the middle of the Indian Ocean, about 550 miles east of Madagascar. Uninhabited until the arrival of colonists in the late sixteenth century, Mauritius was subsequently populated by many different peoples as successive waves of colonizers and slaves arrived at its shores. The French ruled the island from the early eighteenth century until the early nineteenth. Throughout the 1700s, ships brought men and women from France to build the colonial population and from Africa and India as slaves. In Creating the Creole Island, the distinguished historian Megan Vaughan traces the complex and contradictory social relations that developed on Mauritius under French colon...
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 book examines whether 'bottom-up' systems such as customary law can play a critical role in achieving viable systems for managing natural resources. While the use of customary law does not always produce sustainability, the study of customary methods of resource management can give valuable insights into methods of managing resources in a sustainable way.
