Chiefs in South Africa
Law, Culture, and Power in the Post-Apartheid Era
1. Auflage
Erschienen am 23. September 2016
272 Seiten
978-1-137-06460-8 (ISBN)
Beschreibung
This book examines the ongoing resurgence of traditional power structures in South Africa. Oomen assesses the relation between the changing legal and socio-political position of traditional authority and customary law and what these changes can teach us about the interrelation between law, politics, and culture in the post-modern world.
Barbara Oomen is Assistant Professor of Law at Leiden University, The Netherlands.
Barbara Oomen is Assistant Professor of Law at Leiden University, The Netherlands.
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Inhalt
- Cover
- Half-Title
- Title
- Copyright
- Contents
- List of Acronyms
- Acknowledgements
- Photographs
- 1. Introduction
- 1. The dawning of the dawn
- 2. A new world
- 3. Past nightmares
- 4. Theoretical challenges
- 5. An approach to the study
- 6. Outline of the study
- 2. The Patchwork Democracy Boundary Politics after 1994
- 1. Introduction
- 2. The legacy
- 3. Imagining the future: constitutional negotiations
- 4. Towards a Traditional Authorities Act
- 5. 'Two bulls in a kraal?': the local government discussion
- 6. Keeping control over land
- 7. The customary law debates
- 8. Conclusion
- 3. The Power of Definition Struggling for the Soul of Custom
- 1. Introduction
- 2. Who did the defining? The actors
- 3. Why could they? Signs of the times
- 4. The assumptions
- 5. Conclusion
- 4. Sekhukhune The Institutional Landscape
- 1. Introduction
- 2. From Bopedi to Lebowa
- 3. Traditional leadership and its spheres
- 4. The institutional landscape
- 5. Asserting control
- 6. Conclusion
- 5. 'Walking in the middle of the road' People's Perspectives on the Legitimacy of Traditional Leadership
- 1. Chieftaincy and legitimacy
- 2. How do people support chiefs?
- 3. Support at community level
- 4. Support dependent on chiefly characteristics
- 5. Support at the individual level
- 6. Why do people support traditional leaders?
- 7. Conclusion
- 6. Negotiated Laws, Relational Rights Power, Authority & the Creation of Local Law
- 1. Introduction
- 2. Living law and legal culture in Sekhukhune
- 4. The Commission on the Tribal Constitution
- 5. Conclusion
- 7. Conclusion Categories have Consequences The Constitutive Effects of Cultural Rights Legislation
- 1. Introduction
- 2. Definitions and struggles
- 3. The constitutive effects of cultural rights legislation
- 4. Law, power and culture
- 5. Alternatives
- References
- Index
