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African Customary Justice - Living Law, Legal Pluralism, and Public Ethics
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African Customary Justice - Living Law, Legal Pluralism, and Public Ethics
Series: Cultural Diversity and Law
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This book presents an important ethnographic and theoretical
advance in legal anthropological scholarship by interrogating
customary law, customary courts and legal pluralism in sub-Saharan
Africa. It highlights the vitality and continued relevance of
customary justice at a time when customary courts have waned or
even disappeared in many postcolonial African nations. Taking
Botswana as a casestudy from in-depth fieldwork over a fifty-year
period, the book shows, the ‘customary’ is robustly enduring,
central to settling interpersonal disputes and constitutive of the
local as well as the national public ethics. Customary law
continues to be constitutionally protected, authorised by the
country’s past as an authentic, viable legacy, from the British
colonial period of indirect rule to the postcolonial state’s
present development as a highly bureaucratised democracy. Along
with a theoretical overview of the underlying issues for the
anthropology and sociology of law, the book documents customary law
as living law in the context of legal pluralism. It takes a legal
realist approach and highlights the need to pay close attention to
the lived experience of justice and its role in the production of
legal subjectivities. The book will be valuable to Africanists but
also, more broadly, to social scientists, social historians and
socio-legal scholars with interests in law and social change,
public ethics and personal morality, and the intersection of
politics and judicial decision making.
General
Imprint: |
Taylor & Francis
|
Country of origin: |
United Kingdom |
Series: |
Cultural Diversity and Law |
Release date: |
September 2023 |
First published: |
2022 |
Authors: |
Pnina Werbner
• Richard Werbner
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Dimensions: |
234 x 156mm (L x W) |
Pages: |
282 |
ISBN-13: |
978-1-03-214946-2 |
Categories: |
Books
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LSN: |
1-03-214946-9 |
Barcode: |
9781032149462 |
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