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Land as a Human Right. A History of Land Law and Practice in Tanzania (Paperback)
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Land as a Human Right. A History of Land Law and Practice in Tanzania (Paperback)
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Wherever there is a person's right, there is a corresponding duty
imposed upon that person to respect the rights of others. This
co-existence of rights and duties may be explained better by the
principle of reciprocity of rights and duties. Such is the basis of
Land as as Human Right: A History of Land Law and Practice in
Tanzania. The esteemed author documents Tanzanian land law along
its line of historical development (pre- and post-independence)
whereby the thorny issues about 'rights' and 'duties' of the
landed, landless and the intermediaries are elucidated. This volume
is not limited to events in Tanzania, but includes jurisprudence of
land law of other countries in order to tap some interpretative
devices of our own by way of analogies. Various case types-
reported and unreported, local and foreign- provide a tangible
content to what would otherwise be pure theory. He also makes
references to local newspapers as a way of tapping the public
responses about land-related matters. His survey of such cases in
and outside Tanzania led automatically to judgments touching on
women's right to matrimonial property and inheritance; individual
and collective rights to land; and the right to land of the
indigenous peoples. It is the author's view that land law has
remained poorly documented in Tanzania. There is plenty of
literature about Land Law, yet these sources are not easily
available or even accessible to every interested person. Equally,
some of the available literature is so old that it may not always
depict land law and/or practice as we tend to understand it today.
This volume is a comprehensive text on land law in which all the
necessary land law principles are highlighted with great precision.
Advocate Rwegasira does this with a human rights approach,
believing that it is through this approach that a person's right to
land, whether individual or collective can best be explained,
especially in this era when conflict over land is unabatedly
becoming central in family, communal and societal relations. The
language of human rights is for all of us to speak. It follows,
therefore, that practitioners both of the bar and the bench will
also find it useful for quick reference, much as will do policy
makers, law reformers and the general public in and outside
Tanzania.
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