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• 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
• 9. Inheritance as Turmoil: From Citizens' Forum to Magisterial Justice
• 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.
• (source: Nielsen Book Data)

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. It highlights the vitality and continued relevance of customary justice at a time when customary courts have waned or even disappeared in many postcolonial African nations. 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.
(source: Nielsen Book Data)

• 1. Introduction
• 2. Unsettling the central Kalahari
• 3. The 'bushman problem'
• 4. Getting organized: the social lives of San NGOs
• 5. The San in the United Nations
• 6. The court
• 7. After judgment
• 8. Litigating for a way of life
• 9. Conclusions.
• (source: Nielsen Book Data)

This book presents a long-term study of the activist campaign that contested the Botswana government's much-publicized removal of the San and Bakgalagadi people from the Central Kalahari Game Reserve. Sapignoli's multiple points of observation and analysis range from rural Botswana to the nation's High Court, and a variety of United Nations agencies in their Headquarters, focusing on rights claimants and officials from NGOs, states and the United Nations as they acted on the grievances of those who had been displaced. In offering a comprehensive discussion of the San people and their claims-making through formal institutions, this book maintains a consistent focus on the increased recourse to law and the everyday experience of those who are asserting their rights in response to the encroachments of the state and the opportunities inherent in new indigenous advocacy networks.
(source: Nielsen Book Data)

• Protection of human rights in Botswana : emerging issues / Bojosi Otlhogile
• The role of international law in human rights litigation in Africa / Magnus Killander
• The challenges of human rights protection in Botswana in the 21st century / Charles Manga Fombad
• Expanding the frontiers of fundamental human rights : judicial protection of human rights in Botswana / Key Dingake
• Judicial protection of human rights in Botswana and the role of international human rights law / Onkemetse Tshosa
• The evolution and development of a value-based and teleological interpretation of statute and common law in South Africa as a result of the 1996 constitution / G. Devenish
• Constitutional rights and judicial activism : bridging the gaps in Botswana / Rekha A. Kumar
• Enhancing the judicial role in human rights protection in Botswana / Charles Manga Fombad
• Dignity as a core constitutional concept / William Binchy
• Access to justice--through legal aid--is a human right : why and how Botswana must protect this right / Louise W. McKinney
• Greasing the criminal process with a human torch : the protection of the accused person's right to a trial within a reasonable time / Bugalo Maripe
• Gender and the courts in Botswana : when human rights and customary law clash / Samwiri Wakhakha
• Human rights and HIV/AIDS in Botswana : current perspectives and future prospects / E.K. Quansah
• The role of the judiciary in protecting freedom of expression : how far should the courts go? / Badala Tachilisa Balule
• Perspectives on the interface between human rights and the environment in Botswana in the light of the Basarwa case / K. K. Lebotse
• Property guarantees in the constitution and implications for land tenure policy in Botswana / Clement Ng'ong'ola.

• Introduction
• Preparation of the mission
• Terms of reference of the mission
• The Republic of Botswana: a brief history
• The people of Botswana
• The rise of Tswana domination
• Geography
• Administration
• International human rights obligations
• Previous missions
• Indigenous populations in Botswana
• The Basarwa and the relocation from the CKGR
• Meetings held during the mission
• Analysis and observations by the delegation
• Conclusions
• Recommendations.