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Books > Social sciences > Sociology, social studies > Anthropology
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The State and the Paradox of Customary Law in Africa (Paperback)
Loot Price: R1,292
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The State and the Paradox of Customary Law in Africa (Paperback)
Series: Cultural Diversity and Law
Expected to ship within 12 - 17 working days
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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 duree 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.
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