The Untethering of Mediation from Relationships

Discussions in Dispute Resolution ◽

10.1093/oso/9780197513248.003.0023 ◽

2021 ◽

pp. 111-115

Author(s):

Nancy A. Welsh

Keyword(s):

The Other ◽

Customary Law ◽

Human Relations ◽

Social Ordering ◽

Contractual Agreement

There is no doubt that Lon Fuller contributed mightily to the legitimization of mediation when he chose to identify it as one of six key processes for social ordering, or processes that “bring[] human relations into a workable and productive order” (p. 307). The other processes—legislation, adjudication, administrative direction, contractual agreement, and customary law—were (and are) much more likely to be identified as sources for rules of law....

Download Full-text

A Note on Mandela v Executors, Estate Nelson Mandela 2018 (4) SA 86 (SCA) and the Conundrum around the Customary Marriage between Nelson and Winnie Mandela

Southern African Public Law ◽

10.25159/2522-6800/4027 ◽

2019 ◽

Vol 34 (2) ◽

Author(s):

Sipho Stephen Nkosi

Keyword(s):

Supreme Court ◽

The State ◽

The Other ◽

Customary Law ◽

Eastern Cape ◽

High Court ◽

Nelson Mandela ◽

The Supreme Court ◽

Court Of Appeal

The note is about the appeal lodged by the late Mrs Winnie Madikizela-Mandela to the SCA against the decision of the Eastern Cape High Court, Mthatha, dismissing her application for review in 2014. In that application, she sought to have reviewed the decision of the Minister of Land Affairs, to transfer the now extended and renovated Qunu property to Mr Mandela and to register it in his name. Because her application was out of time, she also applied for condonation of her delay in making the application. The court a quo dismissed both applications with costs, holding that there had been an undue delay on her part. Mrs Mandela then approached the Supreme Court of Appeal, for special leave to appeal the decision of the court a quo. Two questions fell for decision by the SCA: whether there was an unreasonable and undue delay on Mrs Mandela’s part in instituting review proceedings; and whether the order for costs was appropriate in the circumstances of the case. The SCA held that there was indeed an unreasonable delay (of seventeen years). Shongwe AP (with Swain, Mathopo JJA, Mokgothloa and Rodgers AJJA concurring) held that the fact that there had been an undue delay does not necessarily mean that an order for costs should, of necessity, particularly where, as in this case, the other litigant is the state. It is the writer’s view that two other ancillary points needed to be raised by counsel and pronounced on by the Court: (a) the lawfulness and regularity of the transfer of the Qunu property to Mr Mandela; and (b) Mrs Mandela’s status as a customary-law widow—in relation to Mr Mandela.

Download Full-text

FILM FIKSI PENDEK “DESAK TERDESAK”

Gelar : Jurnal Seni Budaya ◽

10.33153/glr.v15i1.2065 ◽

2018 ◽

Vol 15 (1) ◽

Author(s):

Gede Basuyoga Prabhawita ◽

Rahayu Supanggah

Keyword(s):

Short Fiction ◽

Culture System ◽

Social Conflict ◽

The Other ◽

Customary Law ◽

Eastern Philosophy ◽

System Form ◽

Other Hand ◽

Economic Depression ◽

Classical Hollywood

“Desak Terdesak” merupakan sebuah film fiksi pendek yang berangkat dari isu tentang kurangnya “penghargaan” terhadap perempuan Bali. Karya ini mengangkat posisi serta status perempuan Bali dalam hukum adat yang selalu berada di bawah kekuasaan laki-laki. Hal tersebut berkaitan erat dan didasari oleh keyakinan mayoritas penduduk Bali, sistem kekerabatan patrilineal, sistem wangsa dan petuah-petuah orang tua. Dalam film fiksi pendek ini pengkarya berusaha menghadirkan konflik sosial yang lebih tajam dengan menggabungkan permasalahan kekerasan dalam rumah tangga, tekanan ekonomi, dan ketidakberdayaan melawan hukum adat yang membuat posisi perempuan Bali bernama Desak semakin terdesak. Sejak kecil perempuan Bali dididik untuk mandiri, bekerja keras dan bukan mahkluk lemah yang harus dilindungi. Orang tua mengajarkan untuk selalu menjunjung tinggi martabat dan siap berkorban demi nama baik keluarga. Perempuan Bali telah diberikan persamaan hak dalam memperoleh pendidikan, pekerjaan dan mengutarakan pendapat, namun disisi lain mereka tetap diikat oleh berbagai sistem yang berlaku di Bali. “Desak Terdesak” berdurasi 20 menit, menggunakan pendekatan Realis medan Hollywood Klasik sebagai bentuk karya dengan plot linier yang sesuai aksi peristiwa. Dialog dalam film ini menggunakan bahasa Bali dialek Singaraja untuk memperkuat setting dan penokohan yang dibangun dalam cerita. Beberapa sumber pustaka seperti Filsafat Timur, Sebuah Pengantar Hinduisme dan Buddhisme, Perempuan Bali, Hukum Adat Bali, Hak Waris Perempuan Bali dan Kesalahpahaman Kasta digunakan sebagai rujukan dalam menciptakan karya ini. Film yang diilhami dari kisah nyata ini memberikan sedikit pengetahuan, informasi, pemahaman kepada pembaca serta penonton terkait posisi perempuan dalam hukum dan pergaulan adat masyarakat Bali yang menganut sistem kekerabatan patrilineal. Kata kunci: film, perempuan, Bali, budaya, sistem, bentuk.“Desak Terdesak” is a film of short fiction based on the issues of the lack of “appreciation” towards Balinese women. This work tells about the position and status of Balinese women in the custom that they are always under the men’s power. It is closely related to and based on the most Balinese belief, the patrilineal kinship system, wangsa system, and the parental teachings. In the short fiction film, the creator tries to present the sharper social conflict by combining the problems of domestic violance, economic depression, and the helpnessness against customary law that makes Balinese women namely Desak is more distressed. Sinceyoung, Balinese women have been educated to be independent, working hard, and not to be a poor being that must be protected. Parents teach to always uphold dignity and to be ready to sacrifice in the name of family’s reputation. Balinese women have been given similar rights in getting education, employment and proposing opinion, on the other hand, they are tied by various systems held in Bali. “Desak Terdesak” has 20 minutes duration using Realism and Classical Hollywood approach as a form of work with linear plots corresponding to the action of events. Dialogue in the film uses Balinese language with Singaraja dialect to strengthen setting and characterization built in the story. Library sources like Eastern Philosophy, An Introductory To Hinduism AndBuddhism, Balinese Women, Balinese Custom, Hereditary Right Of Balinese Women And Misconceptions Of Caste is used as a reference in creating this work. The film that has been inspired by a real story provides little knowledge,informations, the reader as well as the audience understanding related to the women position in law and in customary intercommunication of Balinese community that follow patrilineal kinship system. Keywords: film, woman, Bali, culture, system, form.

Download Full-text

The role of interreligious dialogues on religious tolerance

HTS Teologiese Studies / Theological Studies ◽

10.4102/hts.v74i3.5146 ◽

2018 ◽

Vol 74 (3) ◽

Author(s):

Mahmood Vaezi

Keyword(s):

The Other ◽

Human Society ◽

Human Relations ◽

Religious People ◽

Inherent Feature ◽

Inner Self ◽

Religious Dialogue ◽

History Of ◽

The Common

The application of the word ‘dialogue’ has a life as long as history and the old texts of religions are full of dialogues prevailing among different religious people. Reviewing and analysing the background and history of religious dialogue in the world, more than anything else, we understand the principle of necessity and position of dialogue as a common and public principle among religions, which in a broader view has been acceptable to most, if not all, religious people. This issue indicates that a spiritual and inherent sense is within the substantial core of all humans towards dialogue, which as a natural and inherent feature has been prevailing from the beginning of creation up to the present, and it will continue so. Firstly, employing the dialogue or saying and listening either to the inner self or the other people, when it is being formed with a commitment to human principles, will make human overpass a self-oriented attitude and recognition other persons. Secondly, it makes him/her listen and tolerate others’ views. Thirdly, it makes him/her be committed towards the principle of tolerance and recognise of the other(s) as well. On this basis, the continuity of the principle of dialogue and emphasis on this innate tradition will cause the spread of the culture of tolerance, peace and tranquillity. Furthermore, distancing from dialogue will lay down grounds for a self-oriented attitude, prejudice, pride, omission of others and violence in human society. On this case, while giving originality to dialogue, Islam clearly and firmly puts dialogue forth as a basic principle in human relations and a base to achieve the common ideals of human communities, which are discussed in detail in this article.

Download Full-text

Developments in Pledges of Land in Ghanaian Customary Law

Journal of African Law ◽

10.1017/s0021855300003570 ◽

1967 ◽

Vol 11 (1) ◽

pp. 8-26 ◽

Cited By ~ 2

Author(s):

Gordon R. Woodman

Keyword(s):

Present Article ◽

Common Law ◽

The Other ◽

Customary Law ◽

The Common

There are two principal methods whereby land may be used as security for a loan in Ghana. One is the customary law transaction called a mortgage by Sarbah.2 The other is the common law mortgage. It will be convenient to refer to the customary law transaction as a “pledge”, because the creditor obtains possession of the land, and the present article is not concerned with the use of chattels as security. Accordingly, “mortgage” will always mean a common law mortgage.

Download Full-text

Without order, anything goes? The prohibition of forced displacement in non-international armed conflict

International Review of the Red Cross ◽

10.1017/s1816383109990397 ◽

2009 ◽

Vol 91 (875) ◽

pp. 547-565 ◽

Cited By ~ 4

Author(s):

Jan Willms

Keyword(s):

Armed Conflict ◽

The Other ◽

Customary Law ◽

Forced Displacement ◽

Other Hand ◽

State Practice

AbstractAt first glance, merely the ‘ordering’ of displacement seems to be prohibited in non-international armed conflict. However, after interpreting Article 17(1) AP II and Rule 129(B) of the ICRC Customary Law Study with particular regard to State practice and opinio juris, the author concludes that these norms prohibit forced displacement regardless of whether it is ordered or not. On the other hand, the ICC Elements of Crimes for the crime of forced displacement under Article 8(2)(e)(viii) ICC Statute require an order. It remains to be seen whether the ICC adopts that interpretation in its jurisprudence.

Download Full-text

The Interpretation of the Land Tenure Law of Northern Nigeria

Journal of African Law ◽

10.1017/s0021855300004848 ◽

1970 ◽

Vol 14 (3) ◽

pp. 155-177

Author(s):

C. M. McDowell

Keyword(s):

Land Tenure ◽

The Other ◽

Customary Law ◽

Northern Nigeria ◽

Large Area ◽

English Law ◽

Relationship Of ◽

The Relationship ◽

New System

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.

Download Full-text

PRAWO RZYMSKIE JAKO ŹRÓDŁO PRAWA W AFRYCE POŁUDNIOWEJ

Zeszyty Prawnicze ◽

10.21697/zp.2003.3.1.05 ◽

2017 ◽

Vol 3 (1) ◽

pp. 139

Author(s):

Rafał Mańko

Keyword(s):

South African ◽

Legal System ◽

Case Law ◽

The Other ◽

Customary Law ◽

Roman Law ◽

The South ◽

Cape Of Good Hope ◽

Ius Commune ◽

The Republic

ROMAN LAW AS A SOURCE OF LAW IN SOUTHERN AFRICASummary Roman law is usually regarded as an object o f historic study and not as a practical discipline of the legal science. However, the situation is different in six South African states - the Republic of South Africa, Zimbabwe, Lesotho, Swaziland, Botswana and Namibia - which have preserved the uncodified ius commune europaeum brought by the Dutch to the Cape of Good Hope in the 17th century.The hierarchy of the fontes iuris oriundi in the South African legal system seems to be the following: the Constitution, statutes, customary law, case-law, Roman-Dutch law and Roman law. The position occupied by Roman law is in fact only subsidiary, however it is a source of law and is referred to from time to time in the case-law. On the other hand it permeates the whole legal system which is based on fundamental notions derived from Roman law, which have been preserved and developed in the treatises of the Roman-Dutch jurists and the case-law of the courts.The frequency o f citations of Roman law in the South African case-law has been an object of two major studies. One, conducted by Van Der Merve concerned the period 1970-1979, the other, by Du Plessis - took into account the cases of 1990-1991. The studies revealed that Roman sources are cited in 4,7-4,8% of the case-law. According to another study by Zimmermann, only in half o f those cases the Roman sources were relevant for deciding the case.Nevertheless, it is submitted that these figures should be treated as significant, especially when compared with the position occupied by Roman sources in the modern case law in other civilian jurisdictions.

Download Full-text

Muslims Should Pay More Attention to Human Relations

ICR Journal ◽

10.52282/icr.v7i4.237 ◽

2016 ◽

Vol 7 (4) ◽

pp. 552-553

Author(s):

Daud Batchelor

Keyword(s):

Social Interactions ◽

Islamic Law ◽

The Other ◽

Muslim World ◽

Human Relations ◽

Contemporary Situation

The contemporary situation in much of the Muslim world suggests to us that, while teachings on ibadat (ritual worship, including prayer, fasting, zakat, hajj) have been faithfully conveyed to many of us by our Imams, instruction in the other category of Islamic law, mu’amalat (civil transactions and social interactions), has generally been given less attention. This has led to shortcomings in the Muslim world, especially in the context of our duty to provide an exemplary moral example for the rest of humanity.

Download Full-text

THE PROBLEM OF THE GIFT IN MODERN WESTERN PHILOSOPHY: J. DERRIDA AND J.-L. MARION

Bulletin of Udmurt University. Series Philosophy. Psychology. Pedagogy ◽

10.35634/2412-9550-2020-30-4-344-350 ◽

2020 ◽

Vol 30 (4) ◽

pp. 344-350

Author(s):

E.R. Rogozina

Keyword(s):

The Other ◽

Western Philosophy ◽

Human Society ◽

Human Relations ◽

Human Race ◽

The Gift

The article deals with the phenomenon of hospitality. The relevance of addressing the problem of the gift is dictated by the ambiguous interpretation of the term in modern Western philosophy. The problem of the gift is presented most controversially by the French philosophers M. Enaff, J. Derrida, M. Moss, J.-L. Marion. The article notes that the existence of human society is communicative by nature. The desire to accept the other, to tolerate the other, to crave the other, to seek a meeting with him/her persists in time and is constantly updated. The reason for this desire is neither psychological nor social. This desire has an ontological structure, it is inherent in the entire human race, and therefore determines the structure of its existence. This desire arose at the dawn of human relations and is characteristic for any culture. Desire is an attitude towards the other just like a gift and a demand for reciprocity. We are not talking about gratitude as a favor, but about the gesture of the offer, which is intended to glorify the meeting and the need to respond to this gesture with an appropriate gesture. The exchange of gestures, when both sides show interest in the exchange, is communication. Accordingly, the gift is communication.

Download Full-text

PERBUATAN HUKUM SANKSI ADAT PENYAMIL DI DESA PAKRAMAN TANGGAHAN PEKEN, DESA SULAHAN, KECAMATAN SUSUT, KABUPATEN BANGLI

VYAVAHARA DUTA ◽

10.25078/vd.v14i2.1241 ◽

2020 ◽

Vol 14 (2) ◽

pp. 27

Author(s):

Ni Made Radha Rani Devi ◽

I Made Suta

Keyword(s):

Data Collection ◽

Indigenous Peoples ◽

Customary Law ◽

Human Relations ◽

Literature Study ◽

Legal Research ◽

Study Techniques ◽

The Village ◽

Formulation Of Problems ◽

Holy Place

Bali Customary Law is a law or regulation written with unwritten conditions that contain commands and prohibitions for the behavior of indigenous peoples in matters governed by human relations with God, human relations with the environment, and human relations with humans, which in Bali is known as dialogue Tri Hita Karana. The imposition of traditional sanctions is a way to restore balance or neutralize the shock caused by traditional violations that have taken place in the Pakraman village environment. Such as the imposition of the Penyamil Customary Sanction which was handed down because the community committed acts that violated the existing provisions in Desa Pakraman Tanggahan Peken. Based on this, the issues discussed in this study include: What legal actions can be imposed by the Penyamil Customary Sanction in Pakraman Tanggahan Peken Village, Sulahan Village, Susut District, Bangli Regency? The problems that arise are examined using the theory of validity and effectiveness of the law in dissecting the formulation of problems regarding legal actions that can be subject to Penyamil Customary Sanctions in the Village of Pakraman Tanggahan Peken, Sulahan Village, Susut District, Bangli Regency. Data collection in this study used interview techniques, literature study techniques, questionnaire distribution and observation. In this study, the type of research used is a type of empirical legal research. Penyamil Customary Penalty Occurrence in Desa Pakraman Tanggahan Peken due to harsh/dirty words and misbehavior in a holy place or in a village meeting, and because of this error a person who is violated is subject to Penyamil Customary Sanction which can be in the form of financial penalties or Maprayascita fines , depending on the mistakes made. The factors that influence the occurrence of violations of the Penyamil Customary Sanction due to community ignorance, emotional, and developments in the current era of globalization.

Download Full-text