The Future of Tradition: Customary Law, Common Law, and Legal PluralismPsychology Press, 2000 - 512 pages 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. |
Contents
CustomMade Law 30252 | 3 |
Pluralism in the Modern World | 8 |
Tribalism Vague but Valid | 29 |
Whither the State? | 55 |
Customary Law as Common Law | 79 |
The Framework | 91 |
The Invention of Discovery | 93 |
Between Recognition and Repugnancy | 121 |
A Reasonable Cultural Defense | 262 |
From Harm to Harmony | 290 |
For Shame | 305 |
Family Matters | 330 |
Women and Children First | 354 |
Special Topics | 375 |
Proving the Customary Rule | 377 |
Academic Questions | 396 |
The Right to Group Rights | 136 |
Belonging and Identity | 153 |
The Local Tribe in the Global Village | 172 |
The Trials of Tribal Courts | 192 |
The Issues | 215 |
Land is Forever | 217 |
Holy Rites and Sacred Sites | 243 |
Other editions - View all
The Future of Tradition: Customary Law, Common Law, and Legal Pluralism Leon Shaskolsky Sheleff No preview available - 2000 |