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)
Cambridge, United Kingdom ; New York, NY, USA ; Port Melbourne, VIC, Australia ; New Delhi, India ; Singapore : Cambridge University Press, 2018.
Book — xix, 412 pages : illustrations, maps ; 24 cm.
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
(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)
Banjul, The Gambia : African Commission on Human and Peoples' Rights ; Copenhagen, Denmark : International Work Group for Indigenous Affairs ; Somerset, N.J. : Distribution in North America, Transaction Publishers, 2008.