Colonial Internationalism and the Governmentality of Empire, 1893–1982

In 1893, a group of colonial officials from thirteen countries abandoned their imperial rivalry and established the International Colonial Institute (ICI), which became the world's most important colonial think tank of the twentieth century. Through the lens of the ICI, Florian Wagner argues that this international cooperation reshaped colonialism as a transimperial and governmental policy. The book demonstrates that the ICI's strategy of using indigenous institutions and customary laws to encourage colonial development served to maintain colonial rule even beyond the official end of empires. By selectively choosing loyalists among the colonized to participate in the ICI, it increased their autonomy while equally delegitimizing more radical claims for independence. The book presents a detailed study of the ICI's creation, the transcolonial activities of its prominent members, its interactions with the League of Nations and fascist governments, and its role in laying the groundwork for the structural and discursive dependence of the Global South after 1945.

Culture, Gender and Inequality: Narratives from a Particularly Vulnerable Tribal Group in Odisha, India

This ethnographic paper explores gender inequality in tribal societies vis-à-vis customary practices and challenges the notion of egalitarianism of tribal society by taking Chuktia Bhunjia tribe of Odisha, India as an analytical category. In the light of a discussion on women specific taboos and restrictions, captured through formal interview, narrative and lived experience approach, the paper explicates the deeply embedded nature of the taboos in Chuktia Bhunjia society and unravels how prohibiting women from socio-economic and religious space, backed by purity-pollution philosophy, perpetuate the gender inequality among them. It was found that although economic division of labour is indistinct; women are perceived being portrayal of misfortunes during perceived pollution periods and are prohibited to enter into sacred places – kitchen room, cowshed, sacred groves and forest – and take part in community festivals and other auspicious occasions. The existing material culture, especially kitchen room, alongside economic structure, self-notion of ‘outsiders’ and apparently fixed customary laws have direct influence on the position of women in this society. It is found that the customary laws are not mere symbolic expressions in perpetuating the gender asymmetry, but have become a powerful tool to patriarchal controls not only over women’s education, health, properties and knowledge, but also over individual’s choice, freedom, decision-making and sexuality. However, internal challenges are reported against customary laws and taboos, the fear of social ostracism, the obligation to restore the purity of cultural entity and anxiety reinforce people to be always submissive to those practices. Therefore, unless there is transformation alongside their culture, it is fruitless to think of gender equality.

A RECOGNITION MODEL OF NATIONAL LEGAL PLURALISM IN A UNITARY STATE THROUGH THE PRISMATIC THEORY APPROACH

The choice of a unitary state based on Article 1 Section 1 of the 1945 Constitution theoretically always relates to the factor of equality within the state. However, the choice of the Republic of Indonesia as a unitary state is based on the consideration of the pluralism aspects in terms of culture, language, customs, and ethnicity, which brings consequences for the recognition of applicable legal pluralism (Article 18B Section 2 of the 1945 Constitution). This study examines legal pluralism in a unitary state based on the prismatic theory approach to find out its legal recognition model. This study aims at finding an ideal legal pluralism recognition model in a unitary state which has tended to be centralized, such as the implementation of the Basic Agrarian Law that ignores the customary laws. The results of the legal prismatic theory approach are expected to able to fulfill justice in a pluralistic society. In this study, the researcher employed a normative juridical method through a political-law approach to various laws and regulations. Furthermore, the researcher also used a qualitative analysis. The results of this study showed as follows. (1) Politics of law as a guideline for legal development is inconsistent with Pancasila and legal systems that accommodate legal pluralism. As a result, customary law must comply with national law, which indicates the recognition of weak legal pluralism. (2) The recognition model of national legal pluralism through the prismatic theory approach by considering the plurality of the prevailing legal order may create certainty and benefit on the value of justice in society according to national ideology and Pancasila as the soul of the nation. The recommendations of this study are as follows. (1) Legal development should use the recognition model of national legal pluralism through the prismatic theory approach so that certainty and benefit on the value of justice in society can be established according to national ideology and Pancasila as the soul of the nation. (2) The prismatic theory approach can be an alternative solution to the recognition model of legal pluralism in realizing Indonesian national law based on Pancasila as the ideology and spirit of the nation.

Political Economy of Development in the Indian State of Nagaland: Issues and Challenges

The state of Nagaland came into existence in 1963, with the union government granting special status to the state under Article 371A of the Indian constitution. These special provisions safeguard the indigenous social and customary practices and economic resources from the interventions and policies of the union government sans state legislature’s concurring resolution on the same. The special status while protecting the aforementioned rights of the Nagas creates a contrasting duality of sorts—in that modern market based democratic and economic institutions coexist with the traditional institutions. This blending of the old and the new often creates contestations and contradictions within the state’s political, social and economic spheres. In understanding these issues besieging Nagaland, neoliberal narratives of development economics and policy prescriptions thereof may be ill-disposed. The present article attempts to unravel the factors arresting economic development in the state by analysing various macroeconomic indicators. It is suggested that at the core lies the conflict between an attempt to establish a modern market-based economy with private ownership and that of a tribal-community based economic rights with customary laws and practices. The imperative role of the state government is emphasised to provide a mechanism for resolving the economic questions and ushering in development while preserving the rights of the indigenous people.

Embracing risky refuge: women, land laws and livelihood vulnerabilities in rural Kenya

There has been a growing interest in laws governing resources particularly land in reference to gender in Africa. Law reforms in relation to land have produced potentially useful regulations and espoused egalitarian land rights. However, the backdrop to these reforms contains a scene of land disputes, resistance to laws, violence against women and poor enforcement leading to injustices to women with a pervasive effect on families in vulnerable communities. Using focused ethnographic research methods, the writer investigated women's land rights between November 2015 and August 2016. In-depth interviews, focus group discussions, review of archival records and observations were utilised. The study found that in contexts of prolonged livelihood vulnerabilities, as in the case of the Luo people of south-western Kenya, women seeking refuge from livelihood difficulties employ two strategies to anchor their security. They migrate from marital homes to fishing villages and also lay claim to marital land, which is held by men according to customary laws. These strategies produce social dilemmas and risky manoeuvering. Statutory land laws that are enacted to mitigate land related conflicts undermine the existing customary land laws that advantage men. Therefore, women's land claims, and statutory land laws that espouse equality in land ownership, destabilise men's sense of masculinity. By drawing on the experiences of women, I show the intersection between land laws, enduring injustices and gender relations in a context of strained livelihoods.

Case-Based Evidence and Local Custom

How do institutional arrangements and social capital work, and do cases on the ground corroborate what has been conceptualized? Some case-based evidence of MSMEs in different regions provide clues to that question. The role of trust and local solution to achieve a particular goal, including fostering environmental-friendly activities, is highlighted. The evidence also helps permeate the practical and moral thinking of the issues related to MSME operations influenced by local customs and customary laws.

Law Enforcement, Security, and Transnational Crime

The border area between Indonesia and Malaysia is one of the border areas with a high transnational crime rate. Both the Indonesian and Malaysian governments have tightened the procedures to enter and leave the two countries' territory. However, the illegal movements of goods and people still occur frequently, caused by many rat runs connecting both countries. This paper uses a qualitative research method. The literature study was used as a method of collecting data in this study. This paper was made to determine the Indonesian government's progress in creating order and security for the people in the border areas from trans-border crimes. It is apparent that in terms of law enforcement, the Indonesian government strives to enforce rules based on the applicable customs laws without prejudice to the regulations of values and customary laws adhered to by communities of Indonesia and Malaysia. Through the Resort Police (Polres), the Indonesian government must pay attention to the provision of protection and services to their people in the process of enforcing the law. The Polres as investigators, coordinating with the Attorney to carry out the pre-prosecution stage of the perpetrators of crimes. The Polres is also coordinating with several related institutions, such as Customs and Excise and the Indonesian National Narcotics Agency (BNN), to better control the flow of illegal goods that enters and leaves Indonesia. Keywords: Law Enforcement; Security; Transnational Crime

Blood feud through the historical imagination of Ismail Kadare: An analysis of "Broken April"

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.

Peraturan Hukum Adat Baduy dan Hierarki Menurut Undang Undang yang Berlaku

The Baduy tribe is located closest to the capital city of the country. This is special to describe, how Baduy maintains its customs and customary laws in the midst of the influence of technological advances and the development of positive Indonesian law which is especially due to its geographical location not far from the metropolitan city, namely Jakarta and its surroundings. Then the purpose of this study also wants to reveal how Baduy customary law regulations and hierarchy according to applicable laws. Baduy is an ethnic indigenous people who still live in Indonesia. The hierarchy or order of laws and regulations in Indonesia refers to the recognition and respect given by the state in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia, which is not sufficient to protect the rights of the Baduy customary law community plus the weakness of Perda No.32 of 2001 which discuss the customary rights of the Baduy customary community only. The clash of Baduy traditional interests with the government system has made Baduy weaker in terms of representation. The government must immediately draft a law related to the protection of Baduy customary rights and or create a representation mechanism for indigenous peoples.

Házassági formák és női vagyonjog a magyar társadalomfejlődés korai szakaszában

In the early Hungarian society, multiple forms of cohabitation and marriage were present, often overlapping each other. Separating these forms can only be done by examining certain elements of matrimonial property laws formed by the customary laws of the time. We can only learn about the property laws during the Era of the Arpad Dynasty from written deeds about how these laws were implemented. This study outlines how the different forms of marriage were related to each other and to the property rights of women. It is inaccurate to believe that women in the Middle Ages were disenfranchised, the various forms of marriage had corresponding property laws. Each law and the frequency of their occurrence in these examined documents is discussed in the conceptual system of legal and social history.