Customary Law and the Economy

1984 ◽  
Vol 28 (1-2) ◽  
pp. 34-43 ◽  
Author(s):  
Francis Snyder

In this paper I discuss some aspects of the relationship of African customary law to the economy. Such a vast topic potentially embraces at least three different themes: the economic context in which African customary law has developed and operates today; the economic consequences and implications of different African customary laws; and the relationship between customary law and the economic aspect of society. These three themes inevitably overlap, but while recognising their interconnections I shall concentrate primarily on the third. My principal aim is to identify some of the linkages between customary law and economic relations, especially those linkages which become manifest during broad social changes.An examination of the relationship between customary law and the economy in Africa almost ineluctably requires an historical perspective. This is so, first, because, as I suggest later, customary law is historically specific: it developed in particular historical circumstances and in close conjunction with the formation of the colonial state. Thus, the foundations of customary law in Africa lie partly in the development of capitalism and its expansion from Europe during the colonial era. These interrelated processes have decisively moulded and subtly shaped the law, legal institutions and legal professions of contemporary Africa.More generally, however, it is essential today to envisage the possibility of new, alternative forms of development and social regulation. The particular forms of legal pluralism which characterise third world countries indicate, in many cases, that the subsumption of African economies within capitalist relations of production and exchange has thus far been merely partial and formal.

2020 ◽  
Vol 3 (1) ◽  
pp. 23-34
Author(s):  
Agung Basuki Prasetyo

Pelaksanaan perkawinan di kalangan Masyarakat Hukum Adat melalui proses yang panjang atau rites de passage, karena menyatukan dua keluarga besar. Perkawinan sebagaimana yang terjadi seperti di lingkungan Masyarakat Hukum Adat Suku Samin atau Sedulur Sikep di Pati Jawa Tengan, dan Masyarakat Adat Karuhun Urang (AKUR) Kuningan Jawa Barat, tidak dicatatkan di KUA atau Kantor Catatan Sipil, namun memiliki pencatatan secara administratif tersendiri di lembaga adatnya, yakni Pranata Adanya. Akibat hukum perkawinan masyarakat Hukum Adat yang tidak mencatatkan perkawinannya secara hukum negara berdampak pada beberapa hal, seperti halnya kedudukan dan status anak yang dilahirkan, pewarisan, dampak pendidikan, dan lain sebagainya. Sedangkan akibat hukum menurut hukum adatnya tidak menjadi masalah karena perkawinan sudah memiliki pengakuan dalam tatanan kehidupan Masyarakat Hukum Adatnya. Perkawinan tersebut menimbulkan hubungan dua keluarga besar menjadi satu, serta tidak dipermasalahkan yang terkait dengan hak kedudukan anak, seperti dibidak pendidikan informal, warisan, perkawinan, dan bidang hukum adat lainnya, karena semuanya dikembalikan pada hukum adat yang berlaku dalam masyarakat Hukum Adat setempat. Abstract The implementation of marriage among the indigenous peoples of the law through a lengthy process or rites de passage, because it brings together two large families. Marriage as is the case in the environment of indigenous people of Samin or Sedulur Sikep in Pati Jawa Tengan, and indigenous Karuhun Urang (AKUR) Kuningan West Java, not recorded in the KUA or the Civil registry office, but has Its own administrative record of the institution, the Pranata. The result of the marriage Law of Adat Law Society that does not record the legal his marriage of the country affects several things, such as the position and status of the Born child, inheritance, impact of education, and so forth. While the legal consequences according to the law of law is not a problem because the marriage already has recognition in the life order of the law community. The marriage led to the relationship of two large families in one, and not in question related to the right of the child's position, such as the informal education, inheritance, marriage, and other customary areas of law, as it was all is returned to customary laws applicable to the local customary law community. 


2019 ◽  
pp. 42-44
Author(s):  
I.V. GUSAROV ◽  
V.A. OSTAPENKO ◽  
T.V. NOVIKOVА

Впервые в мире создана популяция зубров на территории 60 градусов северной широты. В новых климатических условиях разведения и сохранения зубров определены и проанализированы факторы существования вида на севере Европейской части РФ. Выявлены признаки, динамика численности, которые являются составной частью системы, предназначенной для управления биоразнообразием. Интродукция, являясь процессом введения в экосистему нехарактерных для нее видов, может усиливать изменения биоценозов как положительно, так и отрицательно. Насколько быстро и успешно проходит процесс адаптации заселенного вида, и усматривается его влияние на окружающую среду зависит дальнейшее существование зубров и в целом биоразнообразия. В статье обсуждаются вопросы взаимоотношения зубров с другими видами копытных и хозяйственной деятельностью человека, а также дальнейшим использованием зубров в сельскохозяйственном производстве. Пластичность зубров, выявление изменений и их анализ при вселении видов в новые условия обитания необходимы не только для определения развития или деградации биоценозов и в целом экосистемы, но и прогноза социально-экономических последствий интродукции как одного из методов сохранения редких и исчезающих видов фауны.For the first time in the world, a bison population has been created in an area of 60 degrees north latitude. In the new climatic conditions of breeding and preservation of bison, the factors of the species existence in the north of the European part of the Russian Federation are identified and analyzed. The signs, dynamics of abundance, which are an integral part of the system designed to manage biodiversity are identified, since the preservation of biological diversity on the planet is one of the main problems of our time. Introduction, being the process of introducing non-typical species into an ecosystem, can enhance changes in biocenoses, both positively and negatively. The question posing sounds especially when it comes to such a large hoofed animal as the European bison. How quickly and successfully the process of adaptation of the universe takes place and its environmental impact is seen depends on the continued existence of bison and biodiversity in general. The article discusses the relationship of bison with other types of ungulates and human activities, as well as the further use of bison in agricultural production. How these issues will be resolved positively depends on the future of these animals. Thus, the plasticity of bison, the identification of changes and their analysis, with the introduction of species into new habitat conditions is necessary not only to determine the development or degradation of biocenoses and the ecosystem as a whole, but also to predict the socio-economic consequences due to the introduction as one of the methods of preserving rare and endangered species of fauna.


Author(s):  
Ismail Ismail

There have been a lot of studies on the history and development of Islamic education in Indonesia conducted by various groups. At least, there are three important aspects that should be noted in this study. First, from the aspect of the region, the history of Islamic education in South Sumatera which has never been comprehensively studied since the colonial era. Second, related to theoretical assumption, the question of whether the development of the system and the modern Islamic institution in Palembang during colonial era tend to be dominated by Muslim reformers or Muslim traditionalists. Third, from the point of view of methodology which tends to be descriptive and chronological, though recently there arises an analytical approach in which the system and the institution are not seen as things that can stand on their own, but are attached to social, religious, cultural, and political aspects. It is this approach which will be used in this study. Therefore, this study will try to look into the relationship between various social changes in Palembang and the system and Islamic educational institutions in the colonial era.


2021 ◽  
Vol 58 (2) ◽  
pp. 1166-1174
Author(s):  
Gairat Zuvaitovich Ubaydullaev

Theoretical substantiation and development of an organizational and economic mechanism for managing human capital in the development of the country. The purpose of the study is to study the theoretical and methodological foundations for the development of human capital and the digital economy in the economy of Uzbekistan.The purpose of this work is to identify the development of socio-economic relations that characterize the relationship of human capital as an innovative factor in socio-economic development. The study focuses on the concepts and strategies of the country’s socio-economic development, developed by the state, giving priority attention to the growth of human capital and the development of the digital economy, the formation of targeted problem-solving programs.Comparisons and similarities in the work of our historical scientists in the development of the education system are the main goal in the growth of human capital.


Author(s):  
Brunilda Pali ◽  
Robert Mackay

This paper explores the practice of the blood feud refracted through the prism of Ismail Kadare’s Broken April (1978), which is set in early 20th century Albania. Analysis of emerging themes reveals some important insights for Law and Literature. We examine the relationship of the blood feud with a number of themes, which fall under the structural headings of socio-political conditions, social ethos and values, and mechanisms of conflict management. Situating the author’s agenda within a perspective of historical imagination, between history and epic, past and present, suggests the perspective of la longue durée in relation to customary laws and feuding. That insight in turn prompts reflections about the survival and continuation of blood feuding as a form of life in contemporary societies.


2009 ◽  
pp. 27-45
Author(s):  
Barrie Jo Price

Computer-mediated collaboration is examined through the lenses of societal change and the dynamic nature of technology. Trends and contributing factors are reviewed in the context of the difference between going to work and doing work and the implications for collaboration using technology to overcome distance and time. The demand to work in situations where propinquity does not define the relationship of information, resources, and managerial structure is reviewed. The confluence of social changes and new technologies is examined including the emergence of Web 2.0. Four themes are explored as subsets of computer-mediated collaboration: peer review, engaged learning, consensus building and self-reflection. Technology applications related to these themes are addressed. There is a brief section on the future in which emerging technologies are explored as they relate to computer-mediated collaboration, especially mobile devices and other technologies that represent a merger of existing tool sets.


Author(s):  
Barrie Jo Price

Computer-mediated collaboration is examined through the lenses of societal change and the dynamic nature of technology. Trends and contributing factors are reviewed in the context of the difference between going to work and doing work and the implications for collaboration using technology to overcome distance and time. The demand to work in situations where propinquity does not define the relationship of information, resources, and managerial structure is reviewed. The confluence of social changes and new technologies is examined including the emergence of Web 2.0. Four themes are explored as subsets of computer-mediated collaboration: peer review, engaged learning, consensus building and self-reflection. Technology applications related to these themes are addressed. There is a brief section on the future in which emerging technologies are explored as they relate to computer-mediated collaboration, especially mobile devices and other technologies that represent a merger of existing tool sets.


Author(s):  
D N Logue ◽  
A Lawson ◽  
D J Roberts ◽  
E A Hunter

The importance of lameness in dairy cattle in UK in terms of its economic consequences and welfare considerations is well documented (Russel and others, 1982). While such epidemiological work has identified factors of importance in the aetiology of the various conditions associated with lameness it has been less successful in apportioning their relative importance, particularly for those conditions affecting the hoof. A series of experiments has been conducted at the West of Scotland College over the period 1983 to 1989 mainly investigating the relationship of nutrition and lameness. In one of these Manson and Leaver (1988) found a significant difference in the prevalence of lameness between two groups of cattle fed complete diets containing either 16.1 or 19.8% crude protein. They also found a significant increase in mean locomotion score (LS) and commented that further studies were needed to understand the dietary processes by which the hoof of the cow was predisposed to such problems.The objective of this experiment was to investigate the influence of the type of protein source in the concentrate upon the locomotion of the cows, the incidence and prevalence of lameness and finally on hoof hardness, shape, growth and wear.


2020 ◽  
pp. 1-39
Author(s):  
JANAKI NAIR

Abstract In 1845, the banker Damodar Dass of Srirangapatna loaned a large sum of money to Maharaja Krishnaraja Wodeyar III of Mysore. For the next seven decades, until the unpaid debt was turned into public charity, the multiple claims of Damodar Dass's heirs to this inheritance led the colonial state and the Mysore government (especially after 1881) to form a substantial archive. Occupying the foreground of this archive were the legal dilemmas posed by the transition from direct to indirect British rule in Mysore, involving the fate of kingship, debt, reciprocality, and masculine honour. Other legal dilemmas concerned the relationship between scriptural and customary law and, in particular, the portability of customary law between regions that were unevenly exposed to Anglo-Indian legal regimes. The claims also reveal the important ways in which a new moral order was being shaped as the relationship between the colonial regime and the princely state (or later its bureaucracy) was defined and the status of four female heirs was called into question. Additionally, the archive has the potential to disturb the univocality of this statist discourse. A third narrative may be uncovered that involves the ‘small voices of history’. What hopes did this era of profound transformation hold for women of the non-domestic sphere? What, moreover, can the women in these archives be heard to say about the truth of their times?


1970 ◽  
Vol 14 (3) ◽  
pp. 155-177
Author(s):  
C. M. McDowell

English law, as limited or modified, applies as one of the residual systems of law in Northern Nigeria, the other being customary law. The assumption underlying both the reception of English law and the retention of customary law was that both would be eroded and a new system would be created by local legislation and local decisions. While some erosion of both systems has taken place, such a process is necessarily slow and there remains a large area of law where the relationship of the received and retained law to local legislation is difficult to elaborate with any degree of precision. This is particularly true of the relationship of English law to the provisions of the Land Tenure Law and its predecessor, the Land and Native Rights Ordinance. The primary difficulty encountered in this context is the analogy which can be drawn between a lease in English form and the statutory right of occupancy, since the latter interest is granted by the appropriate authority normally, although not necessarily, for a definite term of years and may be governed by covenants which relate to rent, use and occupation, assignment and subletting, recovery of possession and so on.


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