Aim of the study: The main aim of the study is to examine and pursue research regarding the history and role of law in the disintegration of the institutions of traditional leadership in South Africa, Botswana and Lesotho in order to make recommendations regarding the challenges and opportunities facing traditional authorities in these countries. The traditional systems, roles and functions of these institutions are traced from the pre-colonial era up to the period of democratic regimes in these countries. This study is based on the premises that the jurisprudence of the institution of traditional leadership is as old as mankind and that this institution is rooted in the rural soil of African communities. Research Methodology: This study is based on legal comparative research with reference to South Africa, Botswana and Lesotho. A literature survey of the most important sources dealing with history, legislation and policy documents was undertaken. Conclusion and Recommendations: The institution of traditional leadership is one of the oldest traditional institutions of governance in South Africa, Botswana and Lesotho. During the pre-colonial era traditional authorities constituted an important component in the traditional system of the administration of the traditional community. Traditions placed a great amount of responsibility on traditional leaders to look after the best interests of their communities. When the colonial government took over the reigns of these three countries, they changed the pre-colonial form and nature of traditional authorities. These colonial governments exercised control over traditional leaders and allowed minimum independence in their traditional rule. The post-colonial governments of South Africa, Botswana and Lesotho retained the institution of traditional leadership. The Constitutions of these countries provide the legal framework for the recognition and functioning of the office of traditional leaders. However, it has been noted in this study that the relationship between the traditional leaders and the governments of these countries has been a mixture of conflict and cordiality. One of the reasons for this uneasy relationship between the traditional leaders and the central governments of these countries is that the status, authority, power and functions of traditional leaders have been reduced considerably when new institutions such as Local Governments, Land Boards, District Councils and Village District Councils were given powers and functions previously exercised by traditional leaders. The post-colonial transformation of traditional leadership in these three countries has led to a steep decline in the authority of traditional leaders. In order to encourage active participation of the traditional leaders in the new democratic structures and bodies, the institution of traditional leadership must be adapted to the changing political, social and economic environments. Rural local government bodies and the national governments of these countries should not view the institutions of traditional leadership as competitors for political power. The post-colonial governments of South Africa, Botswana and Lesotho should introduce traditional leaders as equal partners in the development and advancement of rural communities. In order to achieve this goal the governments of these countries should empower and capacitate traditional leaders so that they do not become misfits in the new constitutional and democratic settlements. / Thesis (LL.D. (Indigenous Law))--North-West University, Potchefstroom Campus, 2007.

La réception de la polygamie et de la répudiation par l’ordre juridique international français a connu une évolution fluctuant entre la tolérance et le rejet. Nous plaçant dans le cadre particulier des relations franco-marocaines, nous avons cherché à vérifier dans quelle mesure la réforme de ces deux institutions, introduite au Maroc par le nouveau Code de la famille, pouvait leur assurer un meilleur accueil. Mais au préalable, nous avons jugé utile de passer en revue leur histoire et leur évolution dans le cadre du droit marocain. Ensuite, nous avons examiné le parcours difficile de leur " immigration " en France, les différents bouleversements jurisprudentiels qu’elles ont subis et l’intervention de plus en plus sévère de l’ordre public prenant désormais appui sur le respect des droits fondamentaux tel que dicté par la CEDH. Loin de résorber tous les différends en la matière, la Convention franco-marocaine du 10 août 1981 a révélé ses insuffisances et ses limites. L’ambition de ce travail fut alors de proposer quelques solutions inspirées pour certaines d’entre elles de la doctrine, telles que l’adoption de nouvelles règles matérielles ou encore la théorie des accommodements réciproques. / The reception of polygamy and repudiation by the French international legal order has evolved, fluctuating between tolerance and rejection. Placing us in the specific context of French-Moroccan relations, we have sought to verify to what extent the reform of these two institutions, introduced by the new Code of family in Morocco, could provide them a better reception. But before, we thought it useful to review their history and their evolution under Moroccan law. Then we reviewed the difficult course of their " immigration " in France, the different jurisprudential dislocations that they underwent, and the more severe intervention of the public order now based on respect for such fundamental rights as dictated by the ECHR.Far from resolving all disputes in this area, the French - Moroccan agreement of 10 August 1981 revealed its shortcomings and limitations. The ambition of this work was then to offer some solutions inspired for some of them by the doctrine, such as the adoption of new substantive rules or the theory of reciprocal accommodations.

This thesis examines the representation of Mormon men in American film and television, with particular regard for sexual identity and the cultural association of Mormonism with sexuality. The history of Mormonism's unique marital practices and doctrinal approaches to gender and sexuality have developed three common stereotypes for Mormon male characters: the purposeful heterosexual, the monstrous polygamist, and the self-destructive homosexual. Depending upon the sexual stereotype in the narrative, the Mormon Church can function as a proponent for nineteenth-century views of sexuality, a symbol for society's repressed sexuality, or a metaphor for the oppressive effects of performing gender and sexuality according to ideological constraints. These ideas are presented in Mormon films such as Saturday's Warrior (1989) as well as mainstream films such as A Mormon Maid (1917) and Advise and Consent (1962).

Cette thèse vise à contribuer à une meilleure compréhension des facteurs qui agissent sur la décision de migrer des individus. Dans le chapitre 1, nous montrons qu’au Portugal, les immigrés occupent souvent des postes pour lesquels ils sont surqualifiés, et que cette non-adéquation entre profils et emplois occupés influence la sélection dans la migration. Les phénomènes de surqualification, plus marqués chez les individus les plus qualifiés, entrainent une sélection négative des migrants, tandis qu’une bonne adéquation entre profils et emplois conduit à une sélection positive.Dans le chapitre 2, nous tirons profit d’une expérimentation sur le terrain pour comprendre comment les décisions de migrer illégalement vers l’Europe des jeunes gambiens sont influencées par l’information qu’ils ont sur les risques associés à cette mobilité. Nous montrons d’abord que les participants au jeu surestiment à la fois le risque de périr en route et la probabilité d’obtenir un statut légal en Europe. Nos résultats suggèrent par ailleurs que la décision de migrer illégalement est influencée par l’une et l’autre probabilité. Informer les candidats au départ sur les risques réels encourus pourrait ainsi les aider à prendre des décisions en connaissance de cause et contribuerait peut-être à sauver des vies. Dans le chapitre 3, nous examinons les liens entre structure familiale et migration, en étudiant l’influence du type d’union des mères sur le comportement migratoire de leurs enfants. Nous trouvons que les enfants nés de mères en union polygame sont plus enclins à migrer vers l’étranger. Nous expliquons ce résultat par la rivalité fraternelle qui en découle. / The purpose of this thesis is to contribute to a better understanding of the drivers of international migration. In Chapter 1, we document that immigrants in Portugal face a high incidence of occupational-skill mismatch, and show how it affects the selection into migration. We find that the incidence of over-education leads to negative selection while correct occupational-skill matches lead to positive selection. In Chapter 2, we rely on a lab-in-the-field experiment to understand the willingness to migrate illegally of young males aged 15 to 25 in The Gambia. We first show that potential migrants overestimate both the risk of dying en route to Europe, and the probability of obtaining legal residency status. The experimental results suggestthat the willingness to migrate illegally is affected by information on the chances of dying en route and of obtaining a legal residence permit. Providing providing potential migrants with official numbers on both probabilities thus affect their likelihood of migrating. This has the potential to help migrants make informed decisions and perhaps save lives. In Chapter 3, we investigate the impact of family structure on international migration decisions. We find that children of mothers in polygynous unions are more likely to migrate internationally. We provide further evidence suggesting that this result is due to sibling rivalry: having full- or half-siblings in migration increases the likelihood of migrating. Our evidence suggests that co-wives’ rivalry as documented elsewhere trickles down to children’s rivalry in migration, suggesting that while neglected in the literature, family structure is crucial to understanding migration.

Le XXIe siècle se veut un siècle de la promotion et la protection des personnes vulnérables et de la lutte contre la discrimination. La communauté internationale s’intéresse davantage à la condition problématique de la femme et de l’enfant en tant que facteur révélateur de l’état global d’avancée sociale de la société. Or, l’Afrique demeure le continent ou le nombre de personnes vulnérables est le plus important de la planète. L’Organisation de l’Unité Africaine en son temps et l’Union Africaine ont déjà fait montre de leur engagement à s’attaquer aux problèmes concernant les femmes et les enfants à travers des mécanismes de protection des droits de l’homme bien définis. En effet, tout un arsenal juridique a été mis en place pour protéger les droits des femmes et des enfants. Au premier rang desquelles s’inscrivent les deux pactes de 1966 directement issus de la déclaration universelle des droits de l’homme, l’un sur les droits civils et politiques, l’autre sur les droits sociaux, économiques et culturels ; la convention relative aux droits de l’enfant ; la charte africaine des droits de l’homme et des peuples, la charte africaine des droits de l’enfant ; le protocole relatif aux droits des femmes, la déclaration des droits de l’enfants de 1989.La mise en œuvre de ces instruments juridiques est encore fragmentaire. Comme dans tous les accords internationaux, le plus grand défi est de passer de l’état de ratification à l’intégration de ces accords dans les législations nationales et leur mise en application afin que tous puissent jouir de leurs droits. Le droit international relatif aux droits de l’homme, dans sa forme actuelle, prohibe la discrimination et la violence contre les femmes et les enfants. Il représente le cadre juridique dans lequel les obligations des Etats en matière de promotion et de protection des droits fondamentaux des femmes et des enfants sont déterminées et évaluées. La pierre angulaire de cet édifice juridique est la convention sur l’élimination de toutes formes de discrimination à l’égard des femmes et la convention sur les droits de l’enfant. La crise économique mondiale, les conflits en cours ont entraîné des violences systématiques commises à l’encontre des femmes et des enfants. Ces violences se sont traduites au Sénégal par une dislocation de la famille et par l’effritement des solidarités traditionnelles. La vulnérabilité des femmes et des enfants au sein de la cellule familiale a entraîné le développement de pratiques telles que la mendicité, la délinquance, la prostitution, les enfants abandonnés, le mariage forcé, … L’analyse de la condition actuelle de la femme et de l’enfant au Sénégal nous amène à nous poser des questions suivantes : Il s’agit d’évaluer le degré d’intégration par le Sénégal des normes internationales dans son droit interne. Les entraves culturelles, religieuses et politiques ne constituent-elles pas un obstacle à l’effectivité des normes internationales ? Comment amener les praticiens à tenir compte des normes internationales dans le règlement des différends dans les rapports de familles ? / The twenty-first century is a century of promoting and protecting vulnerable people and fighting discrimination. The international community is more interested in the problematic condition of women and children as a factor in revealing the overall state of social advancement of society. However, Africa remains the continent where the number of vulnerable people is the largest on the planet. The Organization of African Unity in its time and the African Union have already demonstrated their commitment to tackling issues concerning women and children through well-defined human rights protection mechanisms. Indeed, a whole legal arsenal has been put in place in order to protect the rights of women and children. Foremost, among them there are the two pacts of 1966 stemming directly from the Universal Declaration of Human Rights, one on civil and political rights, the other on social, economic and cultural rights; the Convention on the Rights of the Child; the African Charter on Human and Peoples' Rights, the African Charter on the Rights of the Child; the Women's Rights Protocol, the 1989 Declaration of the Rights of the Child.The implementation of these legal instruments is still fragmentary. As in all international agreements, the biggest challenge is to move from the ratification state to the integration of these agreements in national legislation and their implementation so that all can enjoy their rights. International human rights law, in its current form, prohibits discrimination and violence against women and children. It represents the legal framework in which States' obligations to promote and protect the human rights of women and children are determined and evaluated. The cornerstone of this legal edifice is the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child. The global economic crisis, ongoing conflicts have resulted in systematic violence against women and children. In Senegal, this violence resulted in a dislocation of the family and the erosion of traditional solidarities. The vulnerability of women and children in the family unit has led to the development of practices such as begging, delinquency, prostitution, abandoned children, forced marriage, etc. Analysis of the current status of women and of the child in Senegal leads us to ask ourselves the following questions: It is a question of assessing the degree of integration by Senegal of international norms into its internal law? Are cultural, religious and political obstacles not an obstacle to the effectiveness of international standards ? How to get practitioners to consider international standards in resolving disputes in family relationships ?

While commenting upon the challenges of studying the history of religious figures and movements, Richard Bushman once said, “Everything we know in this life is seen through someone’s eyes. All a historian has to work with is the way this person saw it...The purpose of history is not to find out what really happened but to collect the ways human observers have described what they think happened. We [as historians] look at the world through other’s eyes.”[1] This thesis seeks not to argue the veracity of any particular religious doctrine, but rather strives to understand the historical development of certain Mormon beliefs by looking through the eyes of those who helped form them. Mormon doctrines are often regarded as impositions made by Joseph Smith onto docile followers. Such an interpretation fails to recognize that lay members were just as influential in the development of Mormon doctrine as was the founder of the religion. Joseph’s revelations did not emerge ex nihilo. Joseph engaged the world and people around him and his environment shaped the doctrines forming in his mind and continued to do so once they were taught to his followers. [2] This study will examine the origins of Mormonism’s dietary code, known as the Word of Wisdom, and the sect’s doctrines concerning the body. Both of these tenets of Mormonism were shaped by the environments in which they emerged. The regional environments which influenced to evolution of the Word of Wisdom are central to this study. In the case of the Word of Wisdom, Joseph first began teaching the doctrine in Kirtland, Ohio, an area of constant reform movements and moral activism. Conflicts within the Mormon Church reflect the tensions of Ohio settler’s reformist culture primarily located in the region known as the Western Reserve. This study will also look at the tensions within the Mormon community itself. These tensions involved leader responses to the Word of Wisdom, conflicts over church power structures, and the fallout from the Kirtland Bank’s failure in the financial panic of 1837. As the main Mormon Church body moved from Ohio, to Missouri, to Illinois, and eventually Utah they adopted attitudes toward the Word of Wisdom that reflected the new environments in which they found themselves. In Missouri the Word of Wisdom emerges in official charges in church disciplinary courts. However, an examination of these courts indicates that the Word of Wisdom was merely one indicator of a more serious power struggle within church leadership structures. Missouri temperance, which was relatively temped, did not influence church affairs nearly as much as struggles within church leadership itself. In Illinois Mormonism’s doctrine of the body also affected the ways in which the Word of Wisdom was implemented as it influenced the ways in which Mormons conceptualized health, godliness, plural marriage (polygamy), procreation, and their identities as a people. Simply put, context is everything and this study tries to show that the study of the teachings of any religious group should not be done piecemeal because each doctrine is shaped by and in turn shapes the other doctrines with which it is associated. [1] Samuel Alonzo Dodge, “The Hermeneutics of Suspicion” (interview with Richard Bushman), in Exploring the First Vision, ed. Samuel Alonzo Dodge and Steven C. Harper (Provo, Utah: Religious Studies Center, Brigham Young University, 2012), 277. [2] Contrary to standard scholarly practice, Mormon historical and cultural custom is to refer to many of the early church leaders by their first names rather than surnames. I have decided to follow this custom throughout the thesis.

The following thesis is a study of the founding years of the Mormon supplementary religious education between 1890 and 1930. It examines Mormonism's shift away from private denominational education towards a system of supplementary religious education programs at the elementary, high school, and college levels. Further, this study examines the role that supplementary religious education played in the changes between the nineteenth and the twentieth centuries. During the 1870s and 1880s, Utah's territorial schools became an important part of the battles over polygamy and the control of Utah. As the Federal Government began to wrest control of the schools from the Mormon community, the Church established a system of private academies. Economic problems during the 1880s and 1890s, however, made it difficult for the Church to maintain many of these schools, necessitating the Mormon patronage of the public schools. As a result, in 1890 the Church established its first supplementary religious education program, known as the Religion Class program. The Religion Class program suffered from a variety of problems and was criticized by both Mormon and non-Mormon officials. Despite the failings of the Religion Class program, the need for supplementary religious education became increasingly important during the first two decades of the twentieth century. In 1912, the Granite Stake established the Church's first high school seminary. Within ten years, the seminary program replaced the majority of the academies and became the Church's preeminent educational program. During the 1920s, the Church began extending supplementary religious education to its students in colleges and universities through the establishment of the institute program and the near-complete abandonment of its private colleges and schools. The successive establishment of these three programs demonstrates a shift in Mormon educational priorities and attitudes throughout this period. Whereas the academies and the Religion Class program emphasized a general fear of Americanization, the seminary and institute programs accepted the public schools and much of the Americanization that accompanied them, while at the same time providing means for the continued inculcation of Mormon values into the lives of Latter-day Saint youth.

The study sought to determine, first, what the rules of the Hananwa family law were and, second, whether those rules were compatible with the Constitution. First, it documented the rules of the official family law. The problem that the study countenanced is that customary law is "corrupted, inauthentic and lacking authority".1 Second, it established and documented the rules of the Hananwa family law. The problem that the study countenanced in respect of Hananwa law was that it was difficult to ascertain the content of the rules of the "living" Hananwa law in order to determine their compatibility with the provisions of the Bill of Rights. Moreover, the traditional Hananwa community is inegalitarian and patriarchal. Section 9 of the Constitution provides that everyone is equal before the law and enjoys equal and full protection and benefit of the law. The study found that the Hananwas still observe their system of customary law. However, there are visible changes. For instance, nowadays the spousal consent is a validity requirement for all customary marriages. A parent or legal guardian must consent to a customary marriage of a minor. The individual spouses, not their families, are parties to their own customary marriages. African women enjoy equal status. This development is consistent with section 9 of the Constitution read with section 6 of the Recognition of Customary Marriages Act 120 of 1998. According to the Constitutional Court, in MM v MN and Another 2013 4 SA 415 (CC), the first wife must consent to her husband's customary marriage to another woman in addition to her customary marriage to him. However, some rules of the Hananwa law do not comply with the provisions of the Bill of Rights. For instance, according to the Hananwa law, extramarital children do not enjoy equal inheritance rights and maintenance rights yet. This discrimination is inconsistent with the constitutional right to equality and the provisions of the Reform of Customary Laws of Succession and Regulations of Related Matters Act 11 of 2009.The Constitution puts common law and customary law on a par. However, the courts have often replaced customary law dispute resolution rules with the common law rules. For instance, the Constitutional Court in Bhe and Others v Magistrate, Khayelitsha and Others; Shibi v Sithole and South African Human Rights Commission and Another v President of the Republic of South Africa and Another 2005 1 SA 580 (CC) and the High Court in Maluleke v Minister of Home Affairs 2008 JDR 0426 (W) substituted the rules of common law for those of customary law in order to resolve customary law disputes. The legislature could not be outdone. A meticulous study of the Recognition of Customary Marriages Act 120 of 1998 and the Reform of Customary Laws of Succession and Regulations of Related Matters Act 11 of 2009 reveals that their provisions almost appropriately reflect the common law marriage and intestate succession rules respectively. The Recognition of Customary Marriages Act has, furthermore, adopted the provisions of the Divorce Act of 1979. Section 28 of the Constitution read with the Children's Act 38 of 2005 has generally substituted the fundamental human rights for the unequal rights provided by the customary law of parent and child. The Maintenance Act 99 of 1998 has substituted the communal form of maintenance under customary law. / Public, Constitutional, & International Law / LLD (International and Constitutional Law)

The study sought to determine, first, what the rules of the Hananwa family law were and, second, whether those rules were compatible with the Constitution. First, it documented the rules of the official family law. The problem that the study countenanced is that customary law is "corrupted, inauthentic and lacking authority".1 Second, it established and documented the rules of the Hananwa family law. The problem that the study countenanced in respect of Hananwa law was that it was difficult to ascertain the content of the rules of the "living" Hananwa law in order to determine their compatibility with the provisions of the Bill of Rights. Moreover, the traditional Hananwa community is inegalitarian and patriarchal. Section 9 of the Constitution provides that everyone is equal before the law and enjoys equal and full protection and benefit of the law. The study found that the Hananwas still observe their system of customary law. However, there are visible changes. For instance, nowadays the spousal consent is a validity requirement for all customary marriages. A parent or legal guardian must consent to a customary marriage of a minor. The individual spouses, not their families, are parties to their own customary marriages. African women enjoy equal status. This development is consistent with section 9 of the Constitution read with section 6 of the Recognition of Customary Marriages Act 120 of 1998. According to the Constitutional Court, in MM v MN and Another 2013 4 SA 415 (CC), the first wife must consent to her husband's customary marriage to another woman in addition to her customary marriage to him. However, some rules of the Hananwa law do not comply with the provisions of the Bill of Rights. For instance, according to the Hananwa law, extramarital children do not enjoy equal inheritance rights and maintenance rights yet. This discrimination is inconsistent with the constitutional right to equality and the provisions of the Reform of Customary Laws of Succession and Regulations of Related Matters Act 11 of 2009.The Constitution puts common law and customary law on a par. However, the courts have often replaced customary law dispute resolution rules with the common law rules. For instance, the Constitutional Court in Bhe and Others v Magistrate, Khayelitsha and Others; Shibi v Sithole and South African Human Rights Commission and Another v President of the Republic of South Africa and Another 2005 1 SA 580 (CC) and the High Court in Maluleke v Minister of Home Affairs 2008 JDR 0426 (W) substituted the rules of common law for those of customary law in order to resolve customary law disputes. The legislature could not be outdone. A meticulous study of the Recognition of Customary Marriages Act 120 of 1998 and the Reform of Customary Laws of Succession and Regulations of Related Matters Act 11 of 2009 reveals that their provisions almost appropriately reflect the common law marriage and intestate succession rules respectively. The Recognition of Customary Marriages Act has, furthermore, adopted the provisions of the Divorce Act of 1979. Section 28 of the Constitution read with the Children's Act 38 of 2005 has generally substituted the fundamental human rights for the unequal rights provided by the customary law of parent and child. The Maintenance Act 99 of 1998 has substituted the communal form of maintenance under customary law. / Public, Constitutional, and International Law / LLD (International and Constitutional Law)

The world has become more and more religiously plural. It is therefore essential to acknowledge the meaningful aspects in the essence of all religions, including African Religion. The dissertation seeks to highlight the concept, ”continuity of life” in African Religion. Special emphasis is placed on the Zulus due to the vastness of the African continent. Three areas are investigated to show that there is the belief in life after death in African Religion, as it is the case with all great world religions, such as Judaism, Islam and Christianity. These are the sacredness of life, marriage with the gift of children as a blessing from the ancestors, as well as rites and ceremonies associated with death which show that the dead are still alive in a mysterious form. The conclusion is therefore that African Religion has a world status and should be included amongst the great world religions. / Religious Studies and Arabic / M. Th. (Biblical Studies)