African Customary Justice: Living Law, Legal Pluralism, and Public Ethics: Cultural Diversity and Law
Autor Pnina Werbner, Richard Werbneren Limba Engleză Hardback – 29 dec 2021
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.
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Specificații
ISBN-13: 9781032149431
ISBN-10: 1032149434
Pagini: 298
Ilustrații: 1 Tables, black and white; 4 Line drawings, black and white; 13 Halftones, black and white; 17 Illustrations, black and white
Dimensiuni: 156 x 234 x 18 mm
Greutate: 0.45 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Seria Cultural Diversity and Law
Locul publicării:Oxford, United Kingdom
ISBN-10: 1032149434
Pagini: 298
Ilustrații: 1 Tables, black and white; 4 Line drawings, black and white; 13 Halftones, black and white; 17 Illustrations, black and white
Dimensiuni: 156 x 234 x 18 mm
Greutate: 0.45 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Seria Cultural Diversity and Law
Locul publicării:Oxford, United Kingdom
Public țintă
PostgraduateCuprins
- Introduction: Living Law, Public Ethics and Legal Pluralism
PART ONE: PUBLIC ETHICS AND LEGAL PLURALISM
- Looking Back: Small Man Politics and the Rule of Law in a Tswapong Village
- Tlholego: Nature, Culture and Destiny
- The Oracular Court of Sedimo vs. the Customary Court
- An Unburied Past: Chiefly Succession and the Politics of Memory
- What’s in a Name? The Struggle for Identity in Statutory Courts
PART TWO: LEGAL SUBJECTIVITIES, ETHICS AND PLURALISM
- Divorce as Process, Botswana Style: Customary Courts and Gender Activism
- Adultery as Process, Botswana Style: Gender and Changing Customary Law
10. A Case of Insult: Emotions, Law and Witchcraft Accusations
11. A Moral Economy of Crime and the Proportionality of Punishment
12. Conclusion: Customary Law as Living Law, Legal Pluralism and Public Ethics
Notă biografică
Pnina Werbner is Professor Emerita of Social Anthropology, Keele University, UK. She has published extensively on Law and Anthropology.
Richard Werbner is Professor Emeritus in African Anthropology, Honorary Research Professor in Visual Anthropology, the University of Manchester, sometime Senior Post- Doctoral Fellow, Smithsonian Institution, Senior Fellow (National Humanities Center), Overseas Professor (National Museum of Ethnology, Osaka). He has recently given the Elliot P. Skinner Memorial Lecture for the Association for Africanist Anthropology, the Royal African Society Lecture, and the Jackman Lectures.
Richard Werbner is Professor Emeritus in African Anthropology, Honorary Research Professor in Visual Anthropology, the University of Manchester, sometime Senior Post- Doctoral Fellow, Smithsonian Institution, Senior Fellow (National Humanities Center), Overseas Professor (National Museum of Ethnology, Osaka). He has recently given the Elliot P. Skinner Memorial Lecture for the Association for Africanist Anthropology, the Royal African Society Lecture, and the Jackman Lectures.
Recenzii
"This book makes an important and highly valuable contribution to a renewed interest and multifaceted debate on justice-seeking in the legally plural contexts of African postcolonies and beyond. It does so through a complex and very nuanced study of legal proceedings in Botswana that have played out in different customary and state courts as well as religious fora over the past 50 years. Written by renowned and long-established experts in the field with an exceptional depth of personal experience of the local dynamics and complexities, the book makes an important theoretical case for combining jurisprudential debates on public ethics with a study of living laws within the normative pluralities characterising not only the postcolony, but increasingly also the world at large."
Olaf Zenker, Chair of Social and Cultural Anthropology at the Martin Luther University Halle-Wittenberg, Germany
Olaf Zenker, Chair of Social and Cultural Anthropology at the Martin Luther University Halle-Wittenberg, Germany
Descriere
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.