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Customary Laws in Southern Sudan by Mohamed Fadlalla Pdf
This summary is an invaluable reference for anyone who wishes to acquire a good basic knowledge of the customary laws of Southern Sudan. It provides, in an easily understandable form, a simplified explanation of the customary laws of the Dinka and Nuer peoples and their tradition-based background
Customary Laws in Southern Sudan by Dr. Mohamed Fadlalla Pdf
This summary is an invaluable reference for anyone who wishes to acquire a good basic knowledge of the customary laws of Southern Sudan. It provides, in an easily understandable form, a simplified explanation of the customary laws of the Dinka and Nuer peoples and their tradition-based background
Customary Law in the Modern World by Francis Deng Pdf
Customary Law in the Modern World is the study of a coherent and well-established legal system, which is now operating in the context of a modern nation-state and therefore poised between remaining relevant and the threat of marginalization. Focusing on Sudan, the author places customary law in its historical and cultural context, analyzing the fundamental and traditional values that underlie customary law and the impact of the war between the North and the South that lasted intermittently for half a century. He deals with the substance of customary law, covering a wide variety of areas: family law, property law, torts and criminal liability. Drawing on interviews conducted with judges, legislators and practicing lawyers on customary law and its future in the modern context, the book challenges the development of customary law to build on the positives of tradition and the reform of its shortcomings, particularly in the areas of human rights, gender equality and the protection of children. This book fills a gap in the literature on customary law, and will be of great interest to anyone interested in law, anthropology and politics.
Originally published in 1954 this book was originally designed for administrators but has become a key title for anthropologists. It includes a summary account of the history and social organisation of the Nuer and provides a descriptive analysis of their customary practices concerning homicide, blood-feuds, marriage and divorce and the settlement of disputes by arbitration and the award of compensation. It shows how in the first half of the twentieth century, as a result of administrative action and in particular the establishment of 'Chiefs' Courts' a system of law developed, which although based on customary procedures, introduced many concepts which were quite unknown to the Nuer in the past.
The State and the Paradox of Customary Law in Africa by Olaf Zenker,Markus Virgil Höhne Pdf
Customary law and traditional authorities continue to play highly complex and contested roles in contemporary African states. Reversing the common preoccupation with studying the impact of the post/colonial state on customary regimes, this volume analyses how the interactions between state and non-state normative orders have shaped the everyday practices of the state. It argues that, in their daily work, local officials are confronted with a paradox of customary law: operating under politico-legal pluralism and limited state capacity, bureaucrats must often, paradoxically, deal with custom - even though the form and logic of customary rule is not easily compatible and frequently incommensurable with the form and logic of the state - in order to do their work as a state. Given the self-contradictory nature of this endeavour, officials end up processing, rather than solving, this paradox in multiple, inconsistent and piecemeal ways. Assembling inventive case studies on state-driven land reforms in South Africa and Tanzania, the police in Mozambique, witchcraft in southern Sudan, constitutional reform in South Sudan, Guinea's long durée of changing state engagements with custom, and hybrid political orders in Somaliland, this volume offers important insights into the divergent strategies used by African officials in handling this paradox of customary law and, somehow, getting their work done.
Non-State Justice Institutions and the Law by M. Kötter,T. Röder,F. Schuppert,R. Wolfrum Pdf
This book focuses on decision-making by non-state justice institutions at the interface of traditional, religious, and state laws. The authors discuss the implications of non-state justice for the rule of law, presenting case studies on traditional councils and courts in Pakistan, South Sudan, Ethiopia, Bolivia and South Africa.
A Manual of Nuer Law: Being An Account of a Customary Law, Its Evolution and Development in the Courts Established by the Sudan Government by P. P. Howell Pdf
A manual of Nuer law: being an account of customary law, its evolution and development in the courts established by the Sudan government by Paul Philip Howell Pdf
Anthropology of Law in Muslim Sudan by Barbara Casciarri,Mohamed A. Babiker Pdf
Anthropology of Law in Muslim Sudan analyses the hybridity of law systems and the plurality of legal practices in rural and urban contexts of contemporary Sudan, shedding light on the complex relation between Islam and society.
LAW, CUSTOM AND PROPERTY RIGHTS AMONG THE ?MA/NYIMA? OF THE NUBA MOUNTAINS IN THE SUDAN by Hunud Abia Kadouf Pdf
This book is based on an extensive field work in which the author tried to study the customary law of property of an African agrarian tribal community of Āma - also known as Nyimaŋ - of the Nuba Mountains in the northern Sudan. The writer has tried to explain the nature of property holding in the light of the people's philosophy evidenced in their social structure and their traditional beliefs. Special attention is paid to the traditional structure of political leadership in this highly segmented society that was prone not only to inter-tribal wars but was also in a constant 'fission and fusion' among themselves when not at war with other neighboring tribes. In discussing jurisdictional issues, and traditional settlement mechanisms based partly on law and custom, both adopted by this egalitarian society, the study is made currently relevant by keen observation on the effect of modernity on traditional ethics and morality of the Āma society that was once described by some authors as being 'impervious to foreign influence". Furthermore, the reception and assimilation of the state law together with the Shari'ah laws in various areas such as that relating to property devolution, family institution, and burial rites is treated as being of great significance in the overall development of the tribal customary laws. Like any other Nuba tribe, the consciousness of the Āma people of their ethos of identity marks their ferociously guarded customs and traditions prevalent up-to-date. The book is not only a precious academic endeavor full of keen observations, in depth study and analysis of tribal customary laws of property; but is also a memoir for the author to commemorate formidable tribal group of the Āma people in the Nuba Mountains of the Sudan.
The Indigenous Balanda Nation: History, Culture and Customary Law by Nicola K. Bringi Pdf
The Indigenous Balanda Nation of South Sudan is the first book written by a Balanda researcher that centres the history, culture and customary laws of the Balanda ethnic group, aside from what was written previously by Missionaries. In this book Nicola Bringi briefly outlines the historical background of the Balanda people, including; where they were early inhabitants, who their forefathers are and what cultural and customary practices exist.
The State and the Paradox of Customary Law in Africa by Olaf Zenker,Markus Virgil Hoehne Pdf
Customary law and traditional authorities continue to play highly complex and contested roles in contemporary African states. Reversing the common preoccupation with studying the impact of the post/colonial state on customary regimes, this volume analyses how the interactions between state and non-state normative orders have shaped the everyday practices of the state. It argues that, in their daily work, local officials are confronted with a paradox of customary law: operating under politico-legal pluralism and limited state capacity, bureaucrats must often, paradoxically, deal with custom – even though the form and logic of customary rule is not easily compatible and frequently incommensurable with the form and logic of the state – in order to do their work as a state. Given the self-contradictory nature of this endeavour, officials end up processing, rather than solving, this paradox in multiple, inconsistent and piecemeal ways. Assembling inventive case studies on state-driven land reforms in South Africa and Tanzania, the police in Mozambique, witchcraft in southern Sudan, constitutional reform in South Sudan, Guinea’s long durée of changing state engagements with custom, and hybrid political orders in Somaliland, this volume offers important insights into the divergent strategies used by African officials in handling this paradox of customary law and, somehow, getting their work done.
The Nature of Customary Law by Amanda Perreau-Saussine,James B. Murphy Pdf
Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.
