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Recent years have seen an increased interest in the variety of
cultures co-existing within one state, and a growing
acknowledgement of the values ensconced in pluralistic social
structures. this book examines the manner in which indigenous
people can function in modern states, preserving their traditional
customs, while simultaneously adapting aspects of their culture to
the challenges posed by modern life. Whereas it was formerly
assumed that these tribal frameworks were doomed to extinction, and
some states even encouraged such a process, there has been a
revival in their vitality, linked to a recognition of their
rights.
The book offers a comprehensive survey of various aspects of tribal
life, focusing on political issues such as the meaning of
sovereignty, legal issues dealing with the role of custom and
social issues concerned with sustaining communal life. A focused
study is made of a whole series of legal factors, relating to
possession and ownership of land, religious rites, the nature of
polygamous marriages, the assertion of group rites, the manner of
peacefully resolving disputes and allied questions. Recent judicial
decisions are analysed as a reflection of the far-reaching changes
that have taken place, in a process that has seen the former
disregard of basic rights of indigenous people being replaced by an
awareness of the injustices perpetrated in the past and a
willingness to seek to redress them. The comparison between
approaches of different English-speaking countries provides an
account of interwoven developments.
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