Cambridge [England] : Cambridge University Press, 2013.
Book — 1 online resource (xxii, 277 pages) : illustrations. Digital: data file.
1. Lawfare and warfare in Sudan
2. The colonial path to the rule of law, 1898-1956
3. Law in a state of crisis, 1956-89
4. Authoritarian legal politics and Islamic law, 1989-2011
5. Law and civil society, 1956-2011
6. Humanitarian legal politics in an authoritarian state, 2005-11
7. Reflections on legal politics.
(source: Nielsen Book Data)
How do a legal order and the rule of law develop in a war-torn state? Using his field research in Sudan, the author uncovers how colonial administrators, postcolonial governments and international aid agencies have used legal tools and resources to promote stability and their own visions of the rule of law amid political violence and war in Sudan. Tracing the dramatic development of three forms of legal politics - colonial, authoritarian and humanitarian - this book contributes to a growing body of scholarship on law in authoritarian regimes and on human rights and legal empowerment programs in the Global South. Refuting the conventional wisdom of a legal vacuum in failed states, this book reveals how law matters deeply even in the most extreme cases of states still fighting for political stability. (source: Nielsen Book Data)
6. The challenges of reform Part II: Substansive Examples of Customary Law
8. Family law
9. Law of defamation
10. Law of property
11. Homicide and bodily injuries Part III: Voices for Customary Law
13. Dr Peter Nyot Kok
14. Paul Myem Akec and John Luk
15. Attorney General Michael Makuei
16. Deputy Chief Justice, Bullen Pancol Awal
17. Tilar Deng
18. A group of Southern Sudanese judges and lawyers
19. Ambrose Riiny Thiik and Chan Reec Madut
20. Ali Osman Yassin
21. Dr Amin Mekki Medani and Omar El Farouk Shoumena.
(source: Nielsen Book Data)
Customary Law in the Modern World is the study of a coherent and well-established legal system, which is now operating in the context of a modern nation-state and therefore poised between remaining relevant and the threat of marginalization. Focusing on Sudan, the author places customary law in its historical and cultural context, analyzing the fundamental and traditional values that underlie customary law and the impact of the war between the North and the South that lasted intermittently for half a century. He deals with the substance of customary law, covering a wide variety of areas: family law, property law, torts and criminal liability. Drawing on interviews conducted with judges, legislators and practicing lawyers on customary law and its future in the modern context, the book challenges the development of customary law to build on the positives of tradition and the reform of its shortcomings, particularly in the areas of human rights, gender equality and the protection of children. This book fills a gap in the literature on customary law, and will be of great interest to anyone interested in law, anthropology and politics. (source: Nielsen Book Data)