Origins and evolution of legal pluralism in south africa history and application of african customary law and other socio legal norms, transformative constitutionalism and the legitimisation of new forms of authority, traditional leadership and the constitution. Applying a legal pluralist framework, this study examines the complex interrelationships between religion, law and politics in contemporary ghana, a professedly secular state characterised by high levels of religiosity. In addition, pluralism occurs in a legal system due to a number of reasons but it occurs mostly due to legal transplantation. Introduction to legal pluralism paperback, 5th edition in the law category was sold for r730. Introduction to legal pluralism in south africa, new 5th edition. Introduction to legal pluralism in south africa lexisnexis sa. View notes legal pluralism from law rpr210 at university of pretoria. Introduction to legal pluralism in south africa my. The phenomenon of deep legal pluralism gives rise to unique legal challenges, most notably in the area of human rights. Introduction to legal pluralism and personal family law. Introduction to law and legal skills introduction to medicolegal practice. Introduction to legal pluralism in south africa books. Pluralism or unification in family law in south africa. Comparative practices, experiences, and prospects, convened by the international center for law and religion studies and cosponsoring organizations at the university of ghana, legon, accra, ghana, january.
Introduction to legal pluralism in sa, 3rd edition introduction to legal pluralism in sa, 3rd edition format. Legal pluralism summary introduction to law ljil3510. Legal pluralism introduction this unit covers chapter 1 of the prescribed textbook rautenbach, bekker and goolam introduction to legal pluralism 3rd ed. For example, members of cultural and religious communities previously forced to live together as a result of apartheid observe certain aspects of their own laws which are generally not recognised by our law. Introduction to legal pluralism in south africa book. Introduction to legal pluralism in south africa the fourth edition was necessary because the law has developed considerably in several areas since the publication of the third edition in 2010.
The second part of the book is aimed at covering the core content of african customary law as applied in south africa. An introduction to south african law reports and reporters, 1828 to 1910 jp van niekerk. Legal pluralism, ubuntu and the use of open norms in the. The colonial and apartheid past understanding south africas laws on cultural and religious diversity requires understanding its colonial and. The south african story of legal pluralism is still in the making and relatively new compared to the roman one. Chapter 1 introduction to legal pluralism and personal family law chapter 2 historical and modern sources of personal law chapter 3 forms of personal law marriage chapter 4 the extent of legal recognition of religious marriages in south africa. Legal pluralism is a contemporary reality and a challenge in most postcolonial african states, as they grapple with how to preserve the cultural heritage reflected in their customary law and institutions, while attempting to function as modern constitutional regimes.
Religious and legal pluralism in recent african constitutional reform, presented at the conference law and religion in africa. The colonial and apartheid past understanding south africa s laws on cultural and religious diversity requires understanding its colonial and apartheid past. Introduction to legal pluralism in south africa by christa rautenbach. Chapter 1 introduction to legal pluralism and personal family law. Showing all editions for introduction to legal pluralism in south africa sort by. Introduction to legal pluralism in south africa 2 nd red lexis nexis butterworths durban 91111 2.
Introduction to legal pluralism in south africa available to buy online at takealot. Origins and evolution of legal pluralism in south africa history and application of african. Legal pluralism refers to the idea that in any one geographical space defined by the conventional boundaries of a nation state, there is more than one law or legal system. Law introduction to legal pluralism paperback, 5th. Legal pluralism is the coexistence of two or more laws, norms, values, and practices within one legal district that determine the decisions of courts in intestate succession. Legal pluralism in south africa 2009 edition open library. Law christa rautenbach and jacques matthee1 introduction south africa is. Introduction to legal pluralism in south africa buy online in south. Introduce you to an important skill for law students and lawyers.
This has complicated the uncertainty that exists in intestate succession in nigeria particularly among the yorubas of. Legal pluralism in south africa the phenomenon of legal pluralism nature and sphere of african customary law recognition, application and ascertainment of customary law religious, personal and family law systems in south africa pt. Barring a few exceptions, the research that preceded this book wa. Legal pluralism in south africa van schaik publishers uitgewers. Introduction to legal pluralism in south africa by christa.
Introduction to legal pluralism in south africa prescribe. Origins and evolution of legal pluralism in south africa history and application of african customary law and other sociolegal norms, transformative constitutionalism and the legitimisation of new forms of authority, traditional leadership and the constitution. Theories of legal pluralism and challenges to the concept of law. This article examines several aspects of legal pluralism focusing on the relationship between the empirical facts of pluralism and its conceptual foundations. The form of pluralism that permeates these systems derives from what is known as the principle of legal centrism, which holds that all law emanates from the state and that rites developed and practiced by nonstate actors, including religious and customary institutions, are law only to the extent they are recognized by. All books are in clear copy here, and all files are secure so dont worry about it. Plural legal systems are particularly prevalent in former colonies, where the law of a former colonial authority may exist alongside more traditional legal systems customary law. Introduction to legal pluralism in south africa, new 5th. Bekker is the author of introduction to legal pluralism in south africa 0. The first part discusses the phenomenon of legal pluralism in south africa. Introduction to legal pluralism in south africa 2 nd red. Formats and editions of introduction to legal pluralism in.
Nigeria institute of advance legal studies,2012 p 3. Legal pluralism is the existence of multiple legal systems within one human population andor geographic area. Bekker of introduction to legal pluralism in south. As explained in the introduction, there is another context where the law gave, and. Customary family law chapter 5 introduction to african customary marriages. South africa is characterised by a multicultural and multiracial society in which different legal systems have been observed over a long period of time. Legal pluralism team introduction south africa is a multicultural society different legal systems customary law and. Faculty of law 10 september, 2008 often pluralism is reduced to a simple proposition. Introduction to legal pluralism in south africa ind2601. View offers from online retailers for the prescribed book introduction to legal pluralism in south africa.
Introduction the constitution of the republic of south africa act 108, 1996, acknowledges. The fifth edition was necessary because the law has developed considerably in several areas since the previous 4th edition publication. For various historical and other reasons south african society remains splintered along cultural and religious lines, a situation which creates the ideal breedingground for deep legal pluralism in south africa. Legal pluralism is a key feature of african legal systems. The legal system of south africa still symbolises this divide. So, it has been said, the law is found written and recorded in. All formats 11 book 1 print book 10 ebook 1 refine your search. Introduction to legal pluralism in south africa, part ii. Legal pluralism in south africa aspects of african customary, muslim and hindu family law. Domestic relations hindu law domestic relations islamic law. Introduction to legal pluralism in south africa gumtree. Variety of factors produce the perception of legal pluralism.