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Published: 04 October 2024
DOI: 10.1215/9781478059820-005
EISBN: 978-1-4780-9418-0
... and argued that it was a relic of colonialism that had only served British interests. When soldiers took power, they changed course, embracing forms of custom that their civilian predecessors had shunned. They took customary law’s African characteristics at face value, arguing that they could be the building...
Book Chapter
Redefining Native Customary Law Struggles over Property Rights between Native Peoples and Colonial Rulers in Sabah, Malaysia, 1950-1996
Available to PurchaseSeries: New Ecologies for the Twenty-First Century
Published: 24 March 2011
DOI: 10.1215/9780822393078-006
EISBN: 978-0-8223-9307-8
Book Chapter
The Codification of Customary International Law
Available to PurchasePublished: 01 January 1999
DOI: 10.1215/9780822396796-005
EISBN: 978-0-8223-9679-6
Series: Religious Cultures of African and African Diaspora People
Published: 30 May 2025
EISBN: 978-1-4780-9429-6
... customary law right to religion constitutional law culturalization secularity ...
Published: 04 October 2024
EISBN: 978-1-4780-9418-0
... customary law traditionalism decolonization codification ...
Series: Religious Cultures of African and African Diaspora People
Published: 30 May 2025
DOI: 10.1215/9781478060406-005
EISBN: 978-1-4780-9429-6
... language of the secular state. The Ga community defended the ritual ban as a cultural heritage protected under customary law and Pentecostal/Charismatic Christians insisted on their constitutional right to religion. Although in practice the label of culture allowed the Ga community more freedom to impose...
Book Chapter
Sacred Acoustic Inspectors The Ghanaian State and Noise Abatement during the Hɔmɔwɔ Festival
Open AccessSeries: Religious Cultures of African and African Diaspora People
Published: 30 May 2025
DOI: 10.1215/9781478060406-006
EISBN: 978-1-4780-9429-6
..., but it was immediately placed in the service of the Ga community to help manage the ban on drumming. Strictly speaking, the activities of the Task Force are unconstitutional because they elevate customary law above statutory law, even though customary law is constitutionally subordinate. The chapter argues...
Published: 04 October 2024
EISBN: 978-1-4780-9418-0
... and argued that it was a relic of colonialism that had only served British interests. When soldiers took power, they changed course, embracing forms of custom that their civilian predecessors had shunned. They took customary law’s African characteristics at face value, arguing that they could be the building...
Published: 04 October 2024
DOI: 10.1215/9781478059820-007
EISBN: 978-1-4780-9418-0
... adapt to life under a legal system that was not designed for them? Who among them supported it, and who chafed against it? Martial law established a third path in Nigeria’s already plural legal system, running perpendicular to the common law and customary courts that Nigerians already knew well...
Book Chapter
Even the Rain
Available to PurchaseSeries: The Latin America Readers
Published: 06 July 2018
DOI: 10.1215/9780822371618-132
EISBN: 978-0-8223-7161-8
... the rain, Olivera points out, was considered a resource to be commodified by Law 2029, the neoliberal legislation on drinking water and sanitation. According to Olivera, powerful corporate interests, especially foreign ones, sought to appropriate public goods for private profit, and the Bolivian government...
Book Chapter
The Boundaries of Mercy Clemency, Jim Crow, and Mass Incarceration
Available to PurchasePublished: 05 January 2024
EISBN: 978-1-4780-2588-7
... explores the tradition of clemency in the context of the Jim Crow South with a focus on Mississippi and Louisiana, where clemencies were routine. Through a discussion of customary practices that regularly shortened the sentences of even those convicted of murder, as well as an analysis of clemency...
Book Chapter
Competing Projects for the Future
Available to PurchaseSeries: The Latin America Readers
Published: 06 July 2018
DOI: 10.1215/9780822371618-120
EISBN: 978-0-8223-7161-8
... was so well established that it would be impossible to eradicate the crop completely. The 1988 Law on Coca and Controlled Substances (Law 1008), written with United States oversight, established a limit on traditional coca production and declared all the rest to be “in excess” and destined for drug...