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The State and the Paradox of Customary Law in Africa

Olaf Zenker Markus Virgil Hoehne

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English
Routledge
05 February 2018
Customary law and so called 'traditional authorities' continue to play vital roles in many African societies today. The codification and co-optation or oppression by 'the state' have been identified as major problems impinging on the dynamism of the living customary law and the independence and downward-accountability of traditional authorities. But what does customary law and traditional authority offer to the state? On the one hand, the state is expected to act as the 'sovereign' and to provide a comprehensive political structure. On the other, for pragmatic or ideological reasons, it has to integrate customary systems and make them 'processible' in order to satisfy demands for stability, accountability and decentralisation. This volume tackles the problem of how the state deals with the paradox of having to integrate customary law and traditional authorities that are based on their own logics of 'law', 'legal process' and 'authority' which are incommensurable with the logics of the state. It provides theoretically and ethnographically informed insights into the divergent strategies that are used by state representatives in courts, in parliament, or elsewhere to process this paradox and, somehow, to get their work done.

Edited by:   ,
Imprint:   Routledge
Country of Publication:   United Kingdom
Dimensions:   Height: 234mm,  Width: 156mm, 
Weight:   498g
ISBN:   9781409468639
ISBN 10:   1409468631
Series:   Cultural Diversity and Law
Pages:   244
Publication Date:  
Audience:   General/trade ,  College/higher education ,  ELT Advanced ,  Primary
Format:   Hardback
Publisher's Status:   Active

Olaf Zenker is Professor of Social Anthropology at the University of Fribourg, Switzerland. He has published on modern statehood, rule of law, bureaucracy, justice, land reform as well as conflict and identity formations in South Africa and Northern Ireland. His book publications include the co-edited volumes South African Homelands as Frontiers: Apartheid's Loose Ends in the Postcolonial Era (Routledge, 2017), Transition and Justice: Negotiating the Terms of New Beginnings in Africa (Wiley-Blackwell, 2015), Beyond Writing Culture: Current Intersections of Epistemologies and Representational Practices (Berghahn Books, 2010) as well as the monograph Irish/ness Is All around Us: Language Revivalism and the Culture of Ethnic Identity in Northern Ireland (Berghahn Books, 2013). Markus Virgil Hoehne is Lecturer at the Institute of Social Anthropology at the University of Leipzig. He works on conflict, identity, state formation, borderlands, transitional justice and forensic anthropology in Somalia. He is the author of Between Somaliland and Puntland: Marginalization, militarization and conflicting political visions (Rift Valley Institute 2015), the editor of a special issue on The effects of 'statelessness': Dynamics of Somali politics, economy and society since 1991 (Journal of Eastern African Studies, 2013), and co-editor of Borders and borderlands as Resources in the Horn of Africa. London (James Currey, 2010) and Milk and peace, drought and war: Somali culture, society and politics (Hurst, 2010).

Reviews for The State and the Paradox of Customary Law in Africa

'A tour de force of the most profound kind - The State and the Paradox of Customary Law in Africa offers audacious insights into the dilemmas and paradoxes of living customary law that have emerged as key concerns of the twenty-first century. [...] It offers profound interventions into the desperately needed terrain for rethinking the modernity of customary law and its implications for Africa and beyond.' Kamari M. Clarke, Professor of Global and International Studies, Anthropology and Law and Legal Studies, Carleton University, Canada 'Zenker and Hoehne and their contributors have done an admirable job of trying to bring intellectual order into the analysis of a very complex and fraught topic. [...] The originality of Zenker and Hoehne's approach is evident in their carefully reasoned Introduction in which they propose innovative theoretical criteria for sorting out the issues involved.' Sally Falk Moore, Emerita Professor of Anthropology, Harvard University, USA 'Bringing together legal pluralism and the anthropology of the state, the authors offer a fresh and stimulating perspective on the various interactions between African states and local customs, much more complex and developed than has been said before. They brilliantly explore the modes of state engagement with customs and chiefs.' Jean-Pierre Olivier de Sardan, Professor of Anthropology (Directeur d'etudes), Ecole des Hautes Etudes en Sciences Sociales (EHESS) and Emeritus Director of Research, Centre National de la Recherche Scientifique, France 'Zenker and Hoehne have given us a major contribution to the study of the realities of legal pluralism in the context of the day-to-day business of the state. This innovative volume stands out for its in-depth examination of how state agents in Africa creatively enact spatiotemporal legal hybridity as part of their official work.' Bertram Turner, Senior Research Fellow at the Department 'Law & Anthropology', Max Planck Institute for Social Anthropology, Germany 'Zenker and Hoehne's volume provides a fresh and revitalizing analysis of contemporary customary law in Africa. The State and the Paradox of Customary Law in Africa innovatively investigates how the state, enmeshed in complex national and transnational structures of law and governance, is transformed by the agency of local actors strategizing in the arena of customary law.' Richard Ashby Wilson, Professor of Anthropology and Law, University of Connecticut, USA


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