The State and the Paradox of Customary Law in Africa

Nonfiction, Reference & Language, Law
Cover of the book The State and the Paradox of Customary Law in Africa by , Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: ISBN: 9781317014799
Publisher: Taylor and Francis Publication: February 2, 2018
Imprint: Routledge Language: English
Author:
ISBN: 9781317014799
Publisher: Taylor and Francis
Publication: February 2, 2018
Imprint: Routledge
Language: English

Customary law and traditional authorities continue to play highly complex and contested roles in contemporary African states. Reversing the common preoccupation with studying the impact of the post/colonial state on customary regimes, this volume analyses how the interactions between state and non-state normative orders have shaped the everyday practices of the state. It argues that, in their daily work, local officials are confronted with a paradox of customary law: operating under politico-legal pluralism and limited state capacity, bureaucrats must often, paradoxically, deal with custom – even though the form and logic of customary rule is not easily compatible and frequently incommensurable with the form and logic of the state – in order to do their work as a state. Given the self-contradictory nature of this endeavour, officials end up processing, rather than solving, this paradox in multiple, inconsistent and piecemeal ways. Assembling inventive case studies on state-driven land reforms in South Africa and Tanzania, the police in Mozambique, witchcraft in southern Sudan, constitutional reform in South Sudan, Guinea’s long durée of changing state engagements with custom, and hybrid political orders in Somaliland, this volume offers important insights into the divergent strategies used by African officials in handling this paradox of customary law and, somehow, getting their work done.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Customary law and traditional authorities continue to play highly complex and contested roles in contemporary African states. Reversing the common preoccupation with studying the impact of the post/colonial state on customary regimes, this volume analyses how the interactions between state and non-state normative orders have shaped the everyday practices of the state. It argues that, in their daily work, local officials are confronted with a paradox of customary law: operating under politico-legal pluralism and limited state capacity, bureaucrats must often, paradoxically, deal with custom – even though the form and logic of customary rule is not easily compatible and frequently incommensurable with the form and logic of the state – in order to do their work as a state. Given the self-contradictory nature of this endeavour, officials end up processing, rather than solving, this paradox in multiple, inconsistent and piecemeal ways. Assembling inventive case studies on state-driven land reforms in South Africa and Tanzania, the police in Mozambique, witchcraft in southern Sudan, constitutional reform in South Sudan, Guinea’s long durée of changing state engagements with custom, and hybrid political orders in Somaliland, this volume offers important insights into the divergent strategies used by African officials in handling this paradox of customary law and, somehow, getting their work done.

More books from Taylor and Francis

Cover of the book Civil Society in Putin's Russia by
Cover of the book Introduction to Planning History in the United States by
Cover of the book Taiwan's Relations with Mainland China by
Cover of the book Adaptive Sensory Environments by
Cover of the book Gated Communities by
Cover of the book The Politics of Southeast Asia's New Media by
Cover of the book Ego Damage and Repair by
Cover of the book The Chinese Transformation of Corporate Culture by
Cover of the book Training for Assessors by
Cover of the book Called to Account by
Cover of the book Educational Policy Goes to School by
Cover of the book Leadership and Authority in Central Asia by
Cover of the book Roman Urban Street Networks by
Cover of the book The Black Power Movement by
Cover of the book Transnational Russian-American Travel Writing by
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy