This thesis is a cross-disciplinary study of legal history and customary law. Respect for, and accommodation of local customary law has been a constant and integral feature of law in Britain since Anglo-Saxon times. It guided the emergence of the common law, and continues as a rule of law to the present day. Such respect and accommodation was an essential principle that permitted the peaceful consolidation of the British realms from its constituent parts. Continuity of law is a legal presumption whether territories have been added by conquest, cession or annexation. The principle respect for local legal custom was one of two schools of thought carried to Britain's overseas colonies; the other was a theory that local customary law could be extinguished by non-recognition on the part of the British sovereign or his/her delegates. Nevertheless, customary laws and institutions were explicitly and implicitly recognized in the colonial period. The doctrine has modern application with respect to the customary law ways of indigenous peoples wherever the common law has been extended overseas. Rights under customary law are distinguished from Aboriginal rights, though there is some overlap between the two. Customary law can only be extinguished by an express statute, or by clearly unavoidable implication. Legal customs are not invalid merely for being contrary to the common law. Common law defers to valid customary law as a matter of constitutional common law. But the common law provides tests by which courts can identify valid legal custom. Where a valid, unextinguished legal custom is found, courts are bound by the common law to apply it. Where customary law can be identified, it binds the servants and agents of the Crown, except when it is inconsistent with Crown sovereignty itself.

Thesis (L.L.D. (Faculty of Law))--University of the Western Cape, 2008. / Includes bibliographical references (leaves 415-452)

This thesis is a cross-disciplinary study of legal history and customary law. Respect for, and accommodation of local customary law has been a constant and integral feature of law in Britain since Anglo-Saxon times. It guided the emergence of the common law, and continues as a rule of law to the present day. Such respect and accommodation was an essential principle that permitted the peaceful consolidation of the British realms from its constituent parts. Continuity of law is a legal presumption whether territories have been added by conquest, cession or annexation. The principle respect for local legal custom was one of two schools of thought carried to Britain's overseas colonies; the other was a theory that local customary law could be extinguished by non-recognition on the part of the British sovereign or his/her delegates. Nevertheless, customary laws and institutions were explicitly and implicitly recognized in the colonial period. The doctrine has modern application with respect to the customary law ways of indigenous peoples wherever the common law has been extended overseas. Rights under customary law are distinguished from Aboriginal rights, though there is some overlap between the two. Customary law can only be extinguished by an express statute, or by clearly unavoidable implication. Legal customs are not invalid merely for being contrary to the common law. Common law defers to valid customary law as a matter of constitutional common law. But the common law provides tests by which courts can identify valid legal custom. Where a valid, unextinguished legal custom is found, courts are bound by the common law to apply it. Where customary law can be identified, it binds the servants and agents of the Crown, except when it is inconsistent with Crown sovereignty itself. / Law, Peter A. Allard School of / Graduate

LLM / Department of Public Law

The title of this thesis is: The Customary Law of Intestate Succession. The African customary law relating to intestate succession has always been known to discriminate against women. The thesis therefore focuses on the customary law of intestate succession in the countries of South Africa, Ghana and Swaziland and the inroads they have made in improving the rights of women in this discriminatory field of African customary law. This thesis consists of six chapters. Chapter 1 introduces the reader to the topic of the research. It highlights the organisation of the intended research which comprises: a statement of the problem, the legal framework, research methodology and a summary of the chapter. Chapter 2 defines the general terms and concepts used in the customary law of intestate succession. This facilitates an understanding of the general principles comprising the body of law known as the customary law of intestate succession and lays the foundation for the country specific issues that are investigated in the following chapters. Chapter 3 discusses the recognition, application and development of the customary law of intestate succession in the country of South Africa. Chapter 4 considers the rules and laws of the customary law of intestate succession in the West African country of Ghana. Chapter 5 explains the current rules and laws of the customary law of intestate succession prevailing in the Kingdom of Swaziland. Finally, chapter 6 brings the thesis to a meaningful end, by criticizing the approaches adopted by the countries of South Africa, Ghana and Swaziland in improving the rights of women as far as the customary law of intestate succession is concerned. The chapter also presents various recommendations for improving the rights of women in this discriminatory field of the law. / Public, Constitutional, & International / LL.D.

The central aim of this study is to explore rural attitudes concerning subsistence customary practices, such as gleaning from the harvested fields, catching wild rabbits, birds or fish; gathering wild foods; and collecting wood, furze and gorse. It focuses on the period between 1860 and 1920, when social, economic, political and cultural, changes and transformations, were taking place in rural England. It is a comparative regional study of the Cambridge Fens in Cambridgeshire, the Nene River Valley in Northamptonshire and parts of the Chilterns, mostly situated in Buckinghamshire. Tensions and conflicts concerning customary practices were often expressed through petty and social crime, and these can be viewed in the weekly petty session reports published in local and regional newspapers. These are a reliable and continuous historical source regarding the business of the local courts, which along with school log books, memoirs and diaries, provide insights into the attitudes and opinions of rural populations. The particular significance of this study is that it extends the current historiography and aids our understanding of rural conflict associated with popular culture during this period. The continuation and perpetuation of customary beliefs relied on memory, repetition, negotiation and community tenacity. But ultimately the continuation of asserting such rights, and the shape and form this took, depended on the availability of resources in each region, and individual’s and community’s changing needs and requirements.

Abstract The study aimed to investigate the issue of women’s access and rights to land in Kenya. The study targeted Yaw Pachi women’s group, Siaya district who have experienced several problems of land tenure in terms of access and rights within their community which is Luo by tribe. The factors that influence these women’s access to land were also examined. The factors included Luo customary law, Luo customary practices, statutory laws as well as statutory institutions. The study also aimed to analyse the 2006 Draft National Land Policy by looking at what aspects of gender reform had been incorporated into the policy. The study examined the role of the land board as a statutory institution responsible for ensuring women and men have equal access and rights to land. In order to collect data, this study used qualitative method of social research. The researcher chose a small sample based on the research being conducted using a case study method. The sample was from an area where the phenomena such as customary laws and practices are prevalent. Qualitative research enables the researcher to collect and analyse in-depth information on a smaller group of respondents. Documentary analysis, interview techniques were used to gather data. The study population comprised of seventeen women from Yaw Pachi women’s group in Siaya district and twelve key informants. The key findings of the case study of Yaw Pachi women’s group shows that women can gain access to land in Siaya district mainly through marriage and by association with a male relative, who could be the woman’s father, father in-law, brother or son. Although the law of succession states that women can inherit land from their fathers, most findings revealed that this does not happen in reality. The 2006 Draft National Land Policy that intends to solve all the disparities women face when it comes to equity in land resources has been put on hold following an unsuccessful constitutional review in 2005.While the policy acknowledges that there are customs that discriminate against women, it also seeks to promote customary systems of land tenure. The Draft National Land Policy proposes a pluralist approach to land reform.

archives@tulane.edu / Violence against women (VAW) knows no demographic boundaries, is one of the most oppressive forms of gender inequality, and is recognized by some as an impediment to the social and economic development of under-resourced communities. Tanzanian leaders’ goal of achieving middle-income status by 2025 is reviewed against the institutional policies and practices designed to address the violence women of Dar es Salaam experience and ask if VAW is a serious threat to Tanzania’s achievement of middle-income status? This question was answered by conducting a situational analysis of the international, regional, national, and local actors and their engagement with customary and statutory laws, human rights instruments, judicial activities, donor relationships, and NGO-driven activism. Large scale events like the annual “16 Days of Activism against Violence Against Women” (16 Days) and TGNP’s bi¬annual Gender Festival provided opportunities to collect data from local activities and policy discussions for addressing VAW in Dar es Salaam. Subsequent interviews and conversations with respondents, reviews of government and I/NGO reports, data from the 2015 presidential election, and legal decisions from the High Court further augmented the initial data collection. This research highlighted these key findings: (1) there is a dearth of research on the applicability of intersectionality methods and theory to institutions and organizations generally and in Tanzania specifically; (2) customary laws and traditions impact international and national laws beyond rural concerns and impedes progressive law reform as it is still filtered through culture and customs; (3) VAW remains firmly entrenched in familiar, community, and political systems that were built on patriarchal (and postcolonial) foundations; and (4) efforts to achieve middle-income status continue apart from the need to address VAW and other adverse consequences of a society still influenced by customary laws and traditions derived from patriarchal systems. / 1 / M Denise Miles-Francois

Originally presented as the author's thesis, Göttingen. / Bibliography: p. 167-179.

Thesis (M.A.)--Georgia State University, 2009. / Title from file title page. Gregory C. Lisby, committee chair; Kathryn Fuller-Seeley, Svetlana V. Kulikova, committee members. Description based on contents viewed Feb. 22, 2010. Includes bibliographical references (p. 158-167).