Podcasts about customary law

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Best podcasts about customary law

Latest podcast episodes about customary law

Sistas, Let's Talk
Is customary law appropriate when dealing with sexual and gender-based violence in the Pacific?

Sistas, Let's Talk

Play Episode Listen Later Aug 7, 2024 29:35


Sistas, Let's Talk is a show for women across the Pacific region.

Northerned
Lisa Koperqualuk: Shamanism and Inuit True Crime

Northerned

Play Episode Listen Later Apr 24, 2024 101:43


Anthropologist, scholar, and political activist Lisa Koperqualuk takes Beatrice, Tanya and Laurel on a riveting ride through some of Nunavik's most famous true crime stories, covering clashes between Inuit Custom and Canadian Law along the way. The Inuit version of reincarnation, arranged marriages, and the transition from Shamanism to Christianity are also featured in today's information-packed episode.Lisa Koperqualuk's book: "Traditions Related to Customary Law in Nunavik" R.G. Moyle's: "British Law & Arctic Men" Bernard Saladin D'Anglure's book: "Cosmology & Shamanism" Lisa Koperqualuk's book: "Traditions Related to Customary Law in Nunavik" Beatrice's song “ILINNUT - a prayer” is featured in this episode, you can listen here:BandcampApple MusicYouTubeSpotifyCredits:Host: Beatrice DeerCo-Host: Tanya InnaarulikGuest: Lisa KoperqualukGuest Co-Host and Show notes: Laurel SprengelmeyerGuest Co-Host and Technical Director: Chris McCarronVideo edited by: Brian SteverPhotography (Intro stills) by: Christyna Pelletier Produced by: Jeremie SaundersCreated and Produced by: Michael Felber Hosted on Acast. See acast.com/privacy for more information.

New Books Network
Ada Maria Kuskowski, "Vernacular Law; Writing and the Reinvention of Customary Law in Medieval France" (Cambridge UP, 2022)

New Books Network

Play Episode Listen Later Mar 16, 2024 65:36


Custom was fundamental to mediaeval legal practice. Whether in a property dispute or a trial for murder, the aggrieved and accused would go to lay court where cases were resolved according to custom. What custom meant, however, went through a radical shift in the mediaeval period. Between the twelfth and thirteenth centuries, custom went from being a largely oral and performed practice to one that was also conceptualised in writing. In Vernacular Law: Writing and the Reinvention of Customary Law in Medieval France (Cambridge University Press, 2022), Dr. Ada Maria Kuskowski uses French lawbooks known as coutumiers to trace the repercussions this transformation – in the form of custom from unwritten to written and in the language of law from elite Latin to common vernacular – had on the cultural world of law. Vernacular Law offers a new understanding of the formation of a new field of knowledge: authors combined ideas, experience and critical thought to write lawbooks that made disparate customs into the field known as customary law. This interview was conducted by Dr. Miranda Melcher whose forthcoming book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/new-books-network

New Books in History
Ada Maria Kuskowski, "Vernacular Law; Writing and the Reinvention of Customary Law in Medieval France" (Cambridge UP, 2022)

New Books in History

Play Episode Listen Later Mar 16, 2024 65:36


Custom was fundamental to mediaeval legal practice. Whether in a property dispute or a trial for murder, the aggrieved and accused would go to lay court where cases were resolved according to custom. What custom meant, however, went through a radical shift in the mediaeval period. Between the twelfth and thirteenth centuries, custom went from being a largely oral and performed practice to one that was also conceptualised in writing. In Vernacular Law: Writing and the Reinvention of Customary Law in Medieval France (Cambridge University Press, 2022), Dr. Ada Maria Kuskowski uses French lawbooks known as coutumiers to trace the repercussions this transformation – in the form of custom from unwritten to written and in the language of law from elite Latin to common vernacular – had on the cultural world of law. Vernacular Law offers a new understanding of the formation of a new field of knowledge: authors combined ideas, experience and critical thought to write lawbooks that made disparate customs into the field known as customary law. This interview was conducted by Dr. Miranda Melcher whose forthcoming book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/history

New Books in European Studies
Ada Maria Kuskowski, "Vernacular Law; Writing and the Reinvention of Customary Law in Medieval France" (Cambridge UP, 2022)

New Books in European Studies

Play Episode Listen Later Mar 16, 2024 65:36


Custom was fundamental to mediaeval legal practice. Whether in a property dispute or a trial for murder, the aggrieved and accused would go to lay court where cases were resolved according to custom. What custom meant, however, went through a radical shift in the mediaeval period. Between the twelfth and thirteenth centuries, custom went from being a largely oral and performed practice to one that was also conceptualised in writing. In Vernacular Law: Writing and the Reinvention of Customary Law in Medieval France (Cambridge University Press, 2022), Dr. Ada Maria Kuskowski uses French lawbooks known as coutumiers to trace the repercussions this transformation – in the form of custom from unwritten to written and in the language of law from elite Latin to common vernacular – had on the cultural world of law. Vernacular Law offers a new understanding of the formation of a new field of knowledge: authors combined ideas, experience and critical thought to write lawbooks that made disparate customs into the field known as customary law. This interview was conducted by Dr. Miranda Melcher whose forthcoming book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/european-studies

New Books in Communications
Ada Maria Kuskowski, "Vernacular Law; Writing and the Reinvention of Customary Law in Medieval France" (Cambridge UP, 2022)

New Books in Communications

Play Episode Listen Later Mar 16, 2024 65:36


Custom was fundamental to mediaeval legal practice. Whether in a property dispute or a trial for murder, the aggrieved and accused would go to lay court where cases were resolved according to custom. What custom meant, however, went through a radical shift in the mediaeval period. Between the twelfth and thirteenth centuries, custom went from being a largely oral and performed practice to one that was also conceptualised in writing. In Vernacular Law: Writing and the Reinvention of Customary Law in Medieval France (Cambridge University Press, 2022), Dr. Ada Maria Kuskowski uses French lawbooks known as coutumiers to trace the repercussions this transformation – in the form of custom from unwritten to written and in the language of law from elite Latin to common vernacular – had on the cultural world of law. Vernacular Law offers a new understanding of the formation of a new field of knowledge: authors combined ideas, experience and critical thought to write lawbooks that made disparate customs into the field known as customary law. This interview was conducted by Dr. Miranda Melcher whose forthcoming book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/communications

New Books in Law
Ada Maria Kuskowski, "Vernacular Law; Writing and the Reinvention of Customary Law in Medieval France" (Cambridge UP, 2022)

New Books in Law

Play Episode Listen Later Mar 16, 2024 65:36


Custom was fundamental to mediaeval legal practice. Whether in a property dispute or a trial for murder, the aggrieved and accused would go to lay court where cases were resolved according to custom. What custom meant, however, went through a radical shift in the mediaeval period. Between the twelfth and thirteenth centuries, custom went from being a largely oral and performed practice to one that was also conceptualised in writing. In Vernacular Law: Writing and the Reinvention of Customary Law in Medieval France (Cambridge University Press, 2022), Dr. Ada Maria Kuskowski uses French lawbooks known as coutumiers to trace the repercussions this transformation – in the form of custom from unwritten to written and in the language of law from elite Latin to common vernacular – had on the cultural world of law. Vernacular Law offers a new understanding of the formation of a new field of knowledge: authors combined ideas, experience and critical thought to write lawbooks that made disparate customs into the field known as customary law. This interview was conducted by Dr. Miranda Melcher whose forthcoming book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/law

New Books in French Studies
Ada Maria Kuskowski, "Vernacular Law; Writing and the Reinvention of Customary Law in Medieval France" (Cambridge UP, 2022)

New Books in French Studies

Play Episode Listen Later Mar 16, 2024 65:36


Custom was fundamental to mediaeval legal practice. Whether in a property dispute or a trial for murder, the aggrieved and accused would go to lay court where cases were resolved according to custom. What custom meant, however, went through a radical shift in the mediaeval period. Between the twelfth and thirteenth centuries, custom went from being a largely oral and performed practice to one that was also conceptualised in writing. In Vernacular Law: Writing and the Reinvention of Customary Law in Medieval France (Cambridge University Press, 2022), Dr. Ada Maria Kuskowski uses French lawbooks known as coutumiers to trace the repercussions this transformation – in the form of custom from unwritten to written and in the language of law from elite Latin to common vernacular – had on the cultural world of law. Vernacular Law offers a new understanding of the formation of a new field of knowledge: authors combined ideas, experience and critical thought to write lawbooks that made disparate customs into the field known as customary law. This interview was conducted by Dr. Miranda Melcher whose forthcoming book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/french-studies

Exchanges: A Cambridge UP Podcast
Ada Maria Kuskowski, "Vernacular Law; Writing and the Reinvention of Customary Law in Medieval France" (Cambridge UP, 2022)

Exchanges: A Cambridge UP Podcast

Play Episode Listen Later Mar 16, 2024 65:36


Custom was fundamental to mediaeval legal practice. Whether in a property dispute or a trial for murder, the aggrieved and accused would go to lay court where cases were resolved according to custom. What custom meant, however, went through a radical shift in the mediaeval period. Between the twelfth and thirteenth centuries, custom went from being a largely oral and performed practice to one that was also conceptualised in writing. In Vernacular Law: Writing and the Reinvention of Customary Law in Medieval France (Cambridge University Press, 2022), Dr. Ada Maria Kuskowski uses French lawbooks known as coutumiers to trace the repercussions this transformation – in the form of custom from unwritten to written and in the language of law from elite Latin to common vernacular – had on the cultural world of law. Vernacular Law offers a new understanding of the formation of a new field of knowledge: authors combined ideas, experience and critical thought to write lawbooks that made disparate customs into the field known as customary law. This interview was conducted by Dr. Miranda Melcher whose forthcoming book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars.

New Books in Medieval History
Ada Maria Kuskowski, "Vernacular Law; Writing and the Reinvention of Customary Law in Medieval France" (Cambridge UP, 2022)

New Books in Medieval History

Play Episode Listen Later Mar 16, 2024 65:36


Custom was fundamental to mediaeval legal practice. Whether in a property dispute or a trial for murder, the aggrieved and accused would go to lay court where cases were resolved according to custom. What custom meant, however, went through a radical shift in the mediaeval period. Between the twelfth and thirteenth centuries, custom went from being a largely oral and performed practice to one that was also conceptualised in writing. In Vernacular Law: Writing and the Reinvention of Customary Law in Medieval France (Cambridge University Press, 2022), Dr. Ada Maria Kuskowski uses French lawbooks known as coutumiers to trace the repercussions this transformation – in the form of custom from unwritten to written and in the language of law from elite Latin to common vernacular – had on the cultural world of law. Vernacular Law offers a new understanding of the formation of a new field of knowledge: authors combined ideas, experience and critical thought to write lawbooks that made disparate customs into the field known as customary law. This interview was conducted by Dr. Miranda Melcher whose forthcoming book focuses on post-conflict military integration, understanding treaty negotiation and implementation in civil war contexts, with qualitative analysis of the Angolan and Mozambican civil wars. Learn more about your ad choices. Visit megaphone.fm/adchoices

CEU Podcasts
The Right of Reprisal – a Customary Law of International Trade

CEU Podcasts

Play Episode Listen Later Dec 18, 2023


In this interview Leslie Carr-Riegel discusses her research into inter-state mercantile trade in the medieval period and the ways in which the Right of Reprisal influenced that trade.  Leslie explains that a reprisal was a legal instrument that compensated for losses due to theft and the non-payment of debts and doweries.  Her on-going, summative work compares reprisals, and the process of gaining reprisals throughout Europe during the whole medieval period.  Surprisingly, she shows that reprisals functioned in a very similar way at a time when most aspects of trade were variable and determined locally.  Leslie also explains how reprisals influenced state-building and the development of inter-state trade treaties.This podcast is part of a series of interviews covering central Europe in the medieval period for MECERN and CEU Medieval Studies.

In The Ring With Eusebius McKaiser
Episode 155 - WHY SOMIZI WOULD HAVE BENEFITED FROM DIVORCING MOHALE - BUT CUSTOMARY LAW STOPPED HIS CUNNING PLAN

In The Ring With Eusebius McKaiser

Play Episode Listen Later Mar 15, 2023 29:11


Are you confused that Somizi and Mohale were never married? "How so?", you may have asked yourself.Are you also confused as to why Somizi, rather than Mohale, is the one who wanted to sustain the claim that there WAS a valid marriage in place? After all, wouldn't Somizi, more than Mohale, be excited to know there was no valid marriage in place? If Mohale is the alleged gold digger, why wouldn't Somizi be happy to accept that they were not spouses?! Confused? Let me help you out. I do two things in this episode: a) answer these questions AND (far more importantly) b) I will persuade you why this is NOT a silly celebrity gossip story but a fascinating story with curious and important legal, cultural and even ethical dimensions. Everyone missed the substance- because Somizi being a celebrity resulted in the story not being seriously paused over. His celebrity status and larger than life personality got in the way of a story that an editor might otherwise have assigned to a senior legal reporter, for example. Let me help you out. Have a listen to this episode, and share it with your mates before you debate the issues I explain and frame for public engagement - no pun on 'public engagement'! 

Adv. Melisa Rodrigues
Customary Law

Adv. Melisa Rodrigues

Play Episode Listen Later Oct 5, 2022 0:30


Meaning of the term Customary Law

meaning customary law
The Clement Manyathela Show
Listeners Choice: Customary law for polygamous marriages

The Clement Manyathela Show

Play Episode Listen Later Aug 3, 2022 22:17


Clement speaks to historian, Prince Zoza Shongwe and Head of Wills at Sanlam Trust, Moremadi Mabule about what customary law  says for polygamous marriages.See omnystudio.com/listener for privacy information.

Changing Character of War
International Law, Politics and Ethics of Humanitarian Military Intervention

Changing Character of War

Play Episode Listen Later May 17, 2022 45:28


Dr Iacovos Kareklas, Visiting Fellow at the Changing Character of War Centre (CCW), presents a strongly argued thesis that there is a legal and moral right to unilateral humanitarian intervention which dates back to the Peloponnesian War. The presented paper adopts a fresh approach on unilateral humanitarian intervention, and purports to demonstrate that, in certain cases, not only is permissible, but also legally and morally imperative. This academic venture is predominantly based on authoritative state practice, which in the view of the author should constitute reliable international legal custom, as well as theoretical groundwork; namely the well-established notion that violation of human rights necessitates intervention for the restoration of moral order, and applicable theories of deterrence (and just retribution) rendering humanitarian military intervention unobjectionable on grounds of the possibility of imminent humanitarian catastrophes. Iacovos Kareklas got his B.A. and M.A. Degrees (Honours) in Law from Cambridge University, Magdalene College. He holds a Ph.D. in International Law from London University (London School of Economics and Political Science). He specialized in all fields of Public International Law and every aspect of the Cyprus problem. He conducted sustained and in depth research in the United Kingdom Foreign Office Archives with regard to the critical phases of the Cyprus Question. In the academic year 2003-2004 he was a Postdoctoral Fellow at the Department of Government, Harvard University. He did postdoctoral studies in International Relations Theory with special reference to the Use of Military Force under the worldwide distinguished political scientist, Professor Stanley Hoffmann. At Harvard, he also taught the course Classical Theories of International Relations. In the year 2004-2005, Dr. Kareklas was appointed Postdoctoral Fellow at Harvard's Center for Middle Eastern Studies. In 2006 and 2007 he was elected Fellow of the Faculty of Law in the University of Oxford, where he specialized in the Philosophy of Law. From 2013 to 2020 he was Associate Professor at the European University Cyprus, where he taught Public International Law, Jurisprudence, Constitutional Law, and International Politics. He spent a year as researcher in the Institute of Commonwealth Studies (ICS) of London (2001-2002), the British Institute of International and Comparative Law (2003), the Oxford Centre for Criminology (2006), and has been a member of the Royal Institute of International Affairs. Iacovos is the author of numerous books and articles in the fields of his specialization. His latest book entitled Thucydides on International Law and Political Theory was published in New York by Rowman and Littlefield: Lexington Books, in 2020. As a Visiting Research Fellow at CCW, he is conducting further research on the Law of War with emphasis on military humanitarian intervention.

Legal History from a European Perspective
LH0520 Common Law as Customary Law

Legal History from a European Perspective

Play Episode Listen Later Feb 10, 2022 5:34


This episode analyses early-modern Common law as a system of customary laws, the role of English local courts and the beginning of English constitutionalism.

english common law customary law
Afternoon Drive with John Maytham
The advancement of Customary Law South Africa's Constitutional democracy.

Afternoon Drive with John Maytham

Play Episode Listen Later Aug 24, 2021 10:04


Guest: Thuli Madonsela former Public Protector Has transformative constitutionalism advanced equality and other human rights in customary law? This is the main question that will be answered during a conference arranged by Professor Thuli Madonsela, Law Trust Chair in Social Justice at Stellenbosch University tomorrow (Wednesday). See omnystudio.com/listener for privacy information.

Borderline Jurisprudence
Episode 6: Andreas Hadjigeorgiou on the Oxford Jurisprudence Circle and International Law

Borderline Jurisprudence

Play Episode Listen Later Jun 11, 2021 39:43


Andreas Hadjigeorgiou, special teaching stuff at the Frederick University Cyprus, joins us to discuss the forgotten legacy of the Oxford Jurisprudence Circle and its relevance for international law. Click here for Andreas' SSRN page. If you are interested, you can request Andreas' PhD thesis or read the summary here: Hadjigeorgiou, Andreas. ‘Hart and the Oxford Jurisprudence Circle: Rediscovering the Lost Legacy of Customary Law'. Doctoral dissertation, University of Groningen, 2020. Publications mentioned in the episode: Hart, H.L.A. The Concept of Law. 3rd edn. Oxford: Oxford Univeristy Press, 2012. Simpson, A. W. Brian. Reflections on 'The Concept of Law'. Oxford: Oxford University Press, 2011. Lacey, Nicola. A Life of H.L.A. Hart: The Nightmare and the Noble Dream. Oxford: Oxford University Press, 2006. Tamanaha, Brian Z. A Realistic Theory of Law. New York: Cambridge University Press, 2017. Maine, Henry Summer. Popular Government. Indianapolis: Liberty Classics, 1976. Maine, Henry Summer. Ancient Law: Its Connection with the Early History of Society and Its Relation to Modern Ideas. London: John Murray, 1861. Malinowski, Bronislaw. Crime and Custom in Savage Society. London: K. Paul, Trench, Trubner & co., ltd., 1926. Llewellyn, Karl. Cheyenne Way: Conflict and Case Law in Primitive Jurisprudence. Norman: University of Oklahoma Press, 1941. Allen, Carleton K. Law in the Making. Oxford: Clarendon Press, 1927. Postema, Gerald J. 'Implicit Law', Law and Philosophy 13 (1994): 361–387. Carty, Anthony. Philosophy of International Law. Edinburgh University Press, 2007.

Mere Mortals
Reading Law Is Boring!! (Episode #130 - Law)

Mere Mortals

Play Episode Listen Later Dec 25, 2020 42:47


Do we have any lawyers in the building? If so, maybe don't watch as in this themed episode Juan and I are giving the layman's, highly uneducated dive into the topic of 'Law'. As usual we start off with some MMM's and the definition to clarify our thoughts. Juan kicks off with some examples of when he worked with interpreting Australian Law for his consulting company before then asking where the law comes from and if it is possible to have a human society without some system of law?I then jump in to give an overview of the 4 systems of law (and their mixture) in countries across the world as well as the difference between public and private law. Towards the end of the episode we get a little less serious as we chat about walking with salmon under suspicious circumstances, times when it is ethical to break the law and how Juan's family used to pirate CD's from the library! As always, we hope you enjoy, Mere Mortals out!Timeline:0:00 - Intro & Mere Mortal Moments2:08 - Definition5:04 - The enforcing of rules and being willing to participate7:40 - Where does law come from?10:15 - Law is a by-product of organised human society13:26 - The 4 systems of law: common, civil, religious & customary17:24 - Public vs Private18:38 - Reading law is boring!!19:20 - Law can change depending on the context it is used24:57 - The weirdest laws still on the books28:10 - Are there things you feel embarrassed about not knowing?29:23 - Are we breaking the law?32:09 - The Mere Mortals natural disposition to the law37:30 - When is it ethical/beneficial to break the law?39:40 - The Granados family are criminals!41:19 - The unwritten Mere Mortal lawAbout Mere Mortals:Striving for excellence through life's lessons. Daily uploads @ 5pm AEST. 4M's, Book Reviews, Musings, Bonus, Themed Podcast, Conversations & Meanderings.Connect with Mere Mortals:Instagram: https://www.instagram.com/mere_mortals_media/

Experiments in Dialogue
13. Nature's Story-Tellers: Free Will, Biology, and the Power of Narrative with Zade Sadek

Experiments in Dialogue

Play Episode Listen Later Dec 17, 2020 120:30


Description:Youssef and Ahmed are joined, once again, by their friend and intellectual sparring partner, Zade Sadek. This time around, rather than discussing Zade's visionary ideas on education, the guys get down into the philosophical details of various abstract but important topics. The discussion opens up with Zade challenging Ahmed and Youssef's "Only on an Island" notion, which was developed in episode 5, and the co-hosts of the podcast begin to hash out their views under siege from Zade's sharp skepticism and arguments. From there, the conversation begins to flow, shifting into a debate about free-will, accountability and justice, and how the legal system can be reformed. The discussion's expanse widens, as the guys cover Robert Sapolsky's work on biology, the role of art, science and philosophy in forging meaning, how language can dictate the structure of culture, and eventually concluding with a long discussion about the pitfalls of social media culture. Time Stamps:00:00 - Introduction00:50 - Only on an Island, revisited17:40 - Do we have free will?23:12 - Robert Sapolsky, biology, Frame-shifting as a limited form of agency29:08 - Accountability, justice, and free-will as a useful fiction 36:05 - Recapitulating Sam Harris' views on justice and free-will41:41 - How losing free-will can pave the way to restorative justice50:33 - Customary Law and the future of informal institutions 53:15 - Art, science, philosophy, and the pain of losing cultural avenues for abstraction58:00 - Free expression, the Process, and the search for meaning1:04:14 - Linguistic precision and the structure of culture1:09:51 - Social media and the devaluation of virtue1:15:49 - How social media forcibly excise the nuances and complexities of conversation1:19:15 - The evolutionary origins of racism and the biology of race1:26:00 - The memetic resonance of enlightenment values and how we can improve itWhere to Find More:If you like our content, make sure to follow us on Instagram, Twitter, and Facebook.If you want to support what we’re doing, please check out our Patreon: http://patreon.com/join/ExperimentsinDialogue/

Did That Really Happen?
The Handmaiden

Did That Really Happen?

Play Episode Listen Later Sep 21, 2020 65:58


It's our first official NSFW episode!!! Join us for a discussion of The Handmaiden, and learn about tentacle porn, Japanese imperialism, women in service in Korea, and more! Sources: Dream of the Fisherman's Wife: Biography of Katsushika Hokusai: https://www.katsushikahokusai.org/biography.html  Complete Works of Katsushika Hokusai: https://www.katsushikahokusai.org/  Paul Berry, "Rethinking 'Shunga': The Interpretation of Sexual Imagery of the Edo Period," Archives of Asian Art 54 (2004) Yoko Kawaguchi, Butterfly's Sisters: The Geisha in Western Culture. Yale University Press, 2010. Cady Drell, "Everything You Ever Wanted to Know About Tentacle Porn," Glamour. Available at https://www.glamour.com/story/everything-to-know-about-tentacle-porn  Sofia Barrett-Ibarria, "The Women Making Feminist Tentacle Porn," Vice. Available at https://www.vice.com/en_us/article/ne7nax/the-women-making-feminist-tentacle-porn Women's Rights in Colonial Korea: Sharon Nolte, "Women's Rights and Society's Needs: Japan's 1931 Suffrage Bill," Comparative Studies in Society and History 28, 4 (1986) Marie Seong-Hak Kim, "Customary Law and Colonial Jurisprudence in Korea," The American Journal of Comparative Law 57, 1 (2009) EP Thompson, Customs in Common, The New Press, 1993. Marie Seong-Hak Kim, "Law and Custom Under the Choson Dynasty and Colonial Korea: A Comparative Perspective," Journal of Asian Studies 66, 4 (2007) Sungyn Lim, Rules of the House: Family Law and Domestic Disputes in Colonial Korea. University of California Press, 2018. Japanese Imperialism: Louise Young, "Introduction: Japan's New International History," The American Historical Review, Volume 119, Issue 4, October 2014, Pages 1117–1128, https://doi-org.ezproxy2.williams.edu/10.1093/ahr/119.4.1117  KIM, JINWUNG. "THE PERIOD OF JAPANESE COLONIAL RULE: (1910–1945)." In A History of Korea: From "Land of the Morning Calm" to States in Conflict, 321-66. Indiana University Press, 2012. Accessed July 30, 2020. www.jstor.org/stable/j.ctt16gh5vd.12. Kazuko Suzuki, "The State and Racialization: The Case of Koreans in Japan," https://ccis.ucsd.edu/_files/wp69.pdf Iyenaga, Toyokichi. "Japan's Annexation of Korea." The Journal of Race Development 3, no. 2 (1912): 201-23. Accessed July 29, 2020. doi:10.2307/29737953. http://afe.easia.columbia.edu/main_pop/kpct/kp_koreaimperialism.htm https://www.history.com/news/japan-colonization-korea https://www.theguardian.com/world/2001/dec/28/japan.worlddispatch https://www.ft.com/content/13a3ff9a-f3ed-11e9-a79c-bc9acae3b654  https://www.npr.org/2019/08/15/751354135/japans-emperor-and-prime-minister-mark-wwii-surrender-in-contrasting-annual-ritu   Kang, Hildi. Under the Black Umbrella : Voices from Colonial Korea, 1910-1945 /. Ithaca, N.Y. :: Cornell University Press. Film Background: https://en.wikipedia.org/wiki/Fingersmith_(novel) https://en.wikipedia.org/wiki/Sarah_Waters https://en.wikipedia.org/wiki/The_Handmaiden https://www.rottentomatoes.com/m/the_handmaiden https://youtu.be/pUQ5H_bF1Ck https://www.theguardian.com/film/2017/apr/08/sarah-waters-the-handmaiden-turns-pornography-into-a-spectacle-but-its-true-to-my-novel- https://www.nytimes.com/2016/10/21/movies/the-handmaiden-review.html https://www.bbc.com/culture/article/20190304-why-the-grand-guignol-was-so-shocking https://en.wikipedia.org/wiki/Vulcan_Award Adoption and Service in Korea: Kim, Jung‐Woo, and Terry Henderson. "History of the care of displaced children in Korea." Asian Social Work and Policy Review 2, no. 1 (2008): 13-29. Nicole Cohen, Children of Empire (2006) Stanley, Amy. "Maidservants’ Tales: Narrating Domestic and Global History in Eurasia, 1600–1900." The American Historical Review 121, no. 2 (2016): 437-460. KWEON, Sug-In. "Japanese Female Settlers in Colonial Korea: Between the 'Benefits' and 'Constraints' of Colonial Society." Social Science Japan Journal 17, no. 2 (2014): 169-88. Accessed July 30, 2020. www.jstor.org/stable/43920442. KIM, JANICE C. H. "Modernization and the Rise of Women’s Wage Work." In To Live to Work: Factory Women in Colonial Korea, 1910-1945, 50-74. STANFORD, CALIFORNIA: Stanford University Press, 2009. Accessed July 30, 2020. doi:10.2307/j.ctvr0qrqh.9  Jun Yoo, Theodore. "Introduction." In The Politics of Gender in Colonial Korea: Education, Labor, and Health, 1910–1945, 1-14. University of California Press, 2008. Accessed July 29, 2020. www.jstor.org/stable/10.1525/j.ctt1pnbrt.5 CHOI, Hyaeweol. "Translated Modernity and Gender Politics in Colonial Korea." In Translation and Modernization in East Asia in the Nineteenth and Early Twentieth Centuries, edited by Wong Lawrence Wang-chi, 31-70. Sha Tin, N.T., Hong Kong: Chinese University of Hong Kong Press, 2017. Accessed July 30, 2020. doi:10.2307/j.ctv2n7p6w.7 Choi, Hyaeweol. New Women in Colonial Korea a Sourcebook. ASAA Women in Asia Series. New York: Routledge, 2013. Jun Yoo, Theodore. "The Colonized Body: Korean Women’s Sexuality and Health." In The Politics of Gender in Colonial Korea: Education, Labor, and Health, 1910–1945, 161-92. University of California Press, 2008. Accessed July 30, 2020. www.jstor.org/stable/10.1525/j.ctt1pnbrt.10. Yayori, Matsui, and Lora Sharnoff. "Sexual Slavery in Korea." Frontiers: A Journal of Women Studies 2, no. 1 (1977): 22-30. Accessed July 30, 2020. doi:10.2307/3346104 " Janice C. H. Kim, ""The Pacific War and Working Women in Late Colonial Korea,"" Signs: Journal of Women in Culture and Society 33, no. 1 (Autumn 2007): 81-103.

Rift Valley Institute
Tarikh Tana (Our History): Episode 5: Women and Customary Law in South Sudan

Rift Valley Institute

Play Episode Listen Later Mar 9, 2020 55:08


This show is brought to you under the South Sudan National Archives Project, supported by Norway and implemented by UNESCO in partnership with RVI, and in collaboration with the Ministry of Culture, Youth and Sports. The fifth Tarikh Tana (Our History) radio show in this second series will focus on "Women and Customary Law in South Sudan.” Overview South Sudanese women have often been subject to discrimination and unfair treatment in law since before the colonial period, but their struggles against these injustices, and their role in the justice system, has been hidden in archives and histories that have been written by and about men. But women have been involved in legal disputes—as victims, perpetrators, and accusers—throughout the history of customary and state law in South Sudan, and women have creatively used the legal system to struggle for freedoms and fight for rights, including through bringing cases to British officials under the Condominium government. Offenses by, and against, women have also been treated differently by patriarchal authorities through history: women have often been accused of being poisoners, witches, and engaging in adultery, and have fought against these accusations. There is much more research to be done on these hidden histories of women’s struggles in the South Sudan National Archive The two guests were: Kuyang Harriet Loggo MP Georgett Lat Mading

Land news and analysis South Africa
KB.L Land news Advancing the land rights of women married under customary law - January 2020

Land news and analysis South Africa

Play Episode Listen Later Feb 12, 2020 1:31


This playlist features a selection of land news for January 2020 and commentary on a wide range of topics curated on the www.knowledgebase.land website

Multiracial Family Man
Afro-Latino Experience and Addressing the Intersection of Civil Rights and Multiracial Identity with Professor Tanya Hernandez, Ep. 232

Multiracial Family Man

Play Episode Listen Later Aug 3, 2019 44:35


Ep. 232: Tanya Katerí Hernández, is the Archibald R. Murray Professor of Law at Fordham University School of Law, where she teaches Anti-Discrimination Law, Comparative Employment Discrimination, Critical Race Theory, The Science of Implicit Bias and the Law: New Pathways to Social Justice, and Trusts & Wills. She received her A.B. from Brown University, and her J.D. from Yale Law School, where she served as Note Topics Editor of the Yale Law Journal.  Professor Hernández, is an internationally recognized comparative race law expert and Fulbright Scholar who has visited at the Université Paris Ouest Nanterre La Défense, in Paris and the University of the West Indies Law School, in Trinidad.  She has previously served as a Law and Public Policy Affairs Fellow at Princeton University, a Faculty Fellow at the Institute for Research on Women at Rutgers University; a Faculty Fellow at the Fred T. Korematsu Center for Law and Equality, and as a Scholar in Residence at the Schomburg Center for Research in Black Culture. Professor Hernández is a Fellow of the American Bar Foundation, the American Law Institute, and the Academia Puertorriqueña de Jurisprudencia y Legislación.  Hispanic Business Magazine selected her as one of its annual 100 Most Influential Hispanics. Professor Hernández serves on the editorial boards of the Revista Brasileira de Direito e Justiça/Brazilian Journal of Law and Justice, and the Latino Studies Journal published by Palgrave-Macmillian Press.  Professor Hernández’s scholarly interest is in the study of comparative race relations and anti-discrimination law, and her work in that area has been published in numerous university law reviews like Cornell, Harvard, N.Y.U., U.C. Berkeley, Yale and in news outlets like the New York Times, among other publications including her books Racial Subordination in Latin America: The Role of the State, Customary Law and the New Civil Rights Response (including Spanish and Portuguese translation editions) and Brill Research Perspectives in Comparative Law: Racial Discrimination.  Her most recent publication is the book Multiracials and Civil Rights: Mixed-Race Stories of Discrimination   https://multiracialsandcivilrights.wordpress.com/.    For more on Professor Hernandez or to view her c.v., please see: https://www.fordham.edu/info/23144/tanya_hernandez   For more on host, Alex Barnett, please check out his website: www.alexbarnettcomic.com or visit him on Facebook (www.facebook.com/alexbarnettcomic) or on Twitter at @barnettcomic To subscribe to the Multiracial Family Man, please click here: MULTIRACIAL FAMILY MAN PODCAST Huge shout out to our "Super-Duper Supporters" Elizabeth A. Atkins and Catherine Atkins Greenspan of Two Sisters Writing and Publishing Intro and Outro Music is Funkorama by Kevin MacLeod (incompetech.com) Licensed under Creative Commons - By Attribution 3.0 http://creativecommons.org/licenses/by/3.0/

Intercross the Podcast
'Every Issue is an Access Issue': Humanitarian Challenges with Jacob Kurtzer

Intercross the Podcast

Play Episode Listen Later May 7, 2019 41:28


Rule 55 of Customary Law states that ‘The parties to the conflict must allow and facilitate rapid and unimpeded passage of humanitarian relief for civilians in need, which is impartial in character and conducted without any adverse distinction, subject to their right of control.’ And while the rules seems clear, in complex conflict settings there are often challenges to implantation. In this episode, we speak to Jacob Kurtzer, a research fellow with the Center for Strategic & International Studies’ Humanitarian Agenda initiative, an initiative that leverages the expertise of CSIS programs to explore complex humanitarian challenges. The primary challenge he’s focusing on is access to aid in complex man-made emergencies. Prior to joining CSIS, Jacob spent seven years with the ICRC, most recently as head of communications for the ICRC Delegation in Israel and the occupied territories and at some point in time, helping to head up the Washington Communications department. Hosted by Niki Clark.

Public International Law Discussion Group (Part II)
Due Diligence: An Obligation under International Law

Public International Law Discussion Group (Part II)

Play Episode Listen Later May 7, 2019 43:41


This talk will examine the legal nature of due diligence, namely whether it is a free-standing obligation under customary international law or a standard by which compliance with specific obligations may be assessed. It will be shown that there is a significant number of common elements in the analysis of due diligence as it is performed by international courts and tribunals, notwithstanding the specificities of the underlying subject matter. In doing so, this presentation will bring into question the validity of the recurring assumption that the content of due diligence differs fundamentally across various branches of international law. Dr Vladyslav Lanovoy is an Associate Legal Officer at the International Court of Justice. He is also a Lecturer at Lille Catholic University and a Teaching Fellow at Queen Mary University of London. He holds a PhD in international law from the Graduate Institute of International and Development Studies in Geneva and is the author of Complicity and its Limits in the Law of International Responsibility (Hart 2016), which was awarded the 2017 Paul Guggenheim Prize in International Law. He has previously worked at Freshfields Bruckhaus Deringer LLP and at the Permanent Court of Arbitration. He has also consulted for the UN Office of the High Commissioner for Human Rights and the UN Environment Programme. His research interests include the law of international responsibility, dispute settlement, the law of the sea, human rights law and international economic law.

PONARS Eurasia Podcast
Authoritarian Pluralism: Why Does Kadyrov Promote Customary Law and Sharia in Chechnya

PONARS Eurasia Podcast

Play Episode Listen Later Apr 16, 2019 5:53


Egor Lazarev (University of Toronto) discusses Ramzan Kadyrov's relationship with the Kremlin and why he promotes Sharia law in the Chechen Republic.

LCIL International Law Seminar Series
LCIL Friday Lecture: 'Authority in International Law' by Sir Frank Berman KCMG QC

LCIL International Law Seminar Series

Play Episode Listen Later Nov 20, 2018 54:40


Lecture summary: The problem confronting the users of international law, whether academic or professional, is very often not whether a rule of customary law has come into existence (as has recently been handled with such success by the ILC), but rather, granted that a rule of customary law on a given subject does exist, how to establish what its specific content is, for the purpose of then applying it to a particular situation. This applies not only to reasoned judicial decision but should also inform the processes of legal advice and decision-making based upon it. Ultimately what this may amount to is the assessment and weighing of the opinions of others. Rule of law considerations dictate that this can’t be a matter of subjective preference but must be based on known principles, i.e. to determine which opinions carry authority. The talk will investigate some of the issues involved, in the light, particularly, of Article 38 of the ICJ Statute. Sir Franklin (Frank) Berman joined HM Diplomatic Service in 1965 and was the Legal Adviser to the Foreign & Commonwealth Office from 1991-99. For the past 17 years he has been in practice in Essex Court Chambers specializing in international arbitration and advisory work in international law. He is Visiting Professor of International Law at Oxford and the University of Cape Town, and Chairman of the Board of Trustees of the British Institute of International & Comparative Law. His career in international law and diplomacy has spanned a wide and varied field, including settlement of disputes; the law of treaties; State responsibility; diplomatic and State immunity; maritime delimitation; the law of the Continental shelf; outer space and nuclear energy; the law of international organisations; the UN Security Council; the laws of war and neutrality; international criminal tribunals; and numerous other areas. He is a Member of the Permanent Court of Arbitration, a former Judge ad hoc of the International Court of Justice, and was the Legal Member of the Court of Arbitration between Pakistan and India under the Indus Waters Treaty. He has sat on numerous ICSID arbitral and annulment proceedings. He is the general editor of the Oxford International Law Library.

New Books Network
Telesphore Ngarambe, “Practical Challenges in Customary Law Translation: The Case of Rwanda’s Gacaca Law” (OSSREA, 2015)

New Books Network

Play Episode Listen Later Feb 6, 2017 66:11


The unprecedented crime of the 1994 Rwandan genocide demanded an unconventional legal response. After failed attempts by the international legal system to efficiently handle legal cases stemming from the genocide, Rwandans decided to take matters into their own hands and reinstate Gacaca law, which had been the sole legal system in Rwanda prior to colonization. Gacaca, a Kinyarwanda word referring to a type of grass or traditional lawn, is also a metonym for place and mediation. Gacaca law allows perpetrators and victims to resolve their differences before the community, and a panel of eminent persons, inyangamugayo. Gacaca seeks not simply to punish crime but to repair the social fabric rent by crime. In his book Practical Challenges in Customary Law Translation: The Case Of Rwanda’s Gacaca Law (Organization for Social Science Research in Eastern and Southern Africa, 2015), Telesphore Ngarambe uses a fusion of cultural and translational studies, with emphasis placed on cultural contextualization, to make a unique contribution to the study of Gacaca law. Ngarambe argues that as law is embedded in culture and society, of which language is an integral part, legal language of necessity reflects the culture and society in which it is embedded. Rwanda’s three official languages mean that Gacaca law, articulated in Kinyarwanda, must now also find expression in the colonial languages with which it coexists, namely English and French. Though modern Gacaca law has come in for criticism, it has also been hailed as a model for indigenous responses to crimes of mass violence in Africa and other parts of the world. Mireille Djenno is the African Studies Librarian at Indiana University. She can be reached at mdjenno@indiana.edu.   Learn more about your ad choices. Visit megaphone.fm/adchoices

New Books in African Studies
Telesphore Ngarambe, “Practical Challenges in Customary Law Translation: The Case of Rwanda’s Gacaca Law” (OSSREA, 2015)

New Books in African Studies

Play Episode Listen Later Feb 6, 2017 66:11


The unprecedented crime of the 1994 Rwandan genocide demanded an unconventional legal response. After failed attempts by the international legal system to efficiently handle legal cases stemming from the genocide, Rwandans decided to take matters into their own hands and reinstate Gacaca law, which had been the sole legal system in Rwanda prior to colonization. Gacaca, a Kinyarwanda word referring to a type of grass or traditional lawn, is also a metonym for place and mediation. Gacaca law allows perpetrators and victims to resolve their differences before the community, and a panel of eminent persons, inyangamugayo. Gacaca seeks not simply to punish crime but to repair the social fabric rent by crime. In his book Practical Challenges in Customary Law Translation: The Case Of Rwanda’s Gacaca Law (Organization for Social Science Research in Eastern and Southern Africa, 2015), Telesphore Ngarambe uses a fusion of cultural and translational studies, with emphasis placed on cultural contextualization, to make a unique contribution to the study of Gacaca law. Ngarambe argues that as law is embedded in culture and society, of which language is an integral part, legal language of necessity reflects the culture and society in which it is embedded. Rwanda’s three official languages mean that Gacaca law, articulated in Kinyarwanda, must now also find expression in the colonial languages with which it coexists, namely English and French. Though modern Gacaca law has come in for criticism, it has also been hailed as a model for indigenous responses to crimes of mass violence in Africa and other parts of the world. Mireille Djenno is the African Studies Librarian at Indiana University. She can be reached at mdjenno@indiana.edu.   Learn more about your ad choices. Visit megaphone.fm/adchoices

New Books in Anthropology
Telesphore Ngarambe, “Practical Challenges in Customary Law Translation: The Case of Rwanda’s Gacaca Law” (OSSREA, 2015)

New Books in Anthropology

Play Episode Listen Later Feb 6, 2017 66:11


The unprecedented crime of the 1994 Rwandan genocide demanded an unconventional legal response. After failed attempts by the international legal system to efficiently handle legal cases stemming from the genocide, Rwandans decided to take matters into their own hands and reinstate Gacaca law, which had been the sole legal system in Rwanda prior to colonization. Gacaca, a Kinyarwanda word referring to a type of grass or traditional lawn, is also a metonym for place and mediation. Gacaca law allows perpetrators and victims to resolve their differences before the community, and a panel of eminent persons, inyangamugayo. Gacaca seeks not simply to punish crime but to repair the social fabric rent by crime. In his book Practical Challenges in Customary Law Translation: The Case Of Rwanda’s Gacaca Law (Organization for Social Science Research in Eastern and Southern Africa, 2015), Telesphore Ngarambe uses a fusion of cultural and translational studies, with emphasis placed on cultural contextualization, to make a unique contribution to the study of Gacaca law. Ngarambe argues that as law is embedded in culture and society, of which language is an integral part, legal language of necessity reflects the culture and society in which it is embedded. Rwanda’s three official languages mean that Gacaca law, articulated in Kinyarwanda, must now also find expression in the colonial languages with which it coexists, namely English and French. Though modern Gacaca law has come in for criticism, it has also been hailed as a model for indigenous responses to crimes of mass violence in Africa and other parts of the world. Mireille Djenno is the African Studies Librarian at Indiana University. She can be reached at mdjenno@indiana.edu.   Learn more about your ad choices. Visit megaphone.fm/adchoices

New Books in Genocide Studies
Telesphore Ngarambe, “Practical Challenges in Customary Law Translation: The Case of Rwanda’s Gacaca Law” (OSSREA, 2015)

New Books in Genocide Studies

Play Episode Listen Later Feb 6, 2017 66:11


The unprecedented crime of the 1994 Rwandan genocide demanded an unconventional legal response. After failed attempts by the international legal system to efficiently handle legal cases stemming from the genocide, Rwandans decided to take matters into their own hands and reinstate Gacaca law, which had been the sole legal system in Rwanda prior to colonization. Gacaca, a Kinyarwanda word referring to a type of grass or traditional lawn, is also a metonym for place and mediation. Gacaca law allows perpetrators and victims to resolve their differences before the community, and a panel of eminent persons, inyangamugayo. Gacaca seeks not simply to punish crime but to repair the social fabric rent by crime. In his book Practical Challenges in Customary Law Translation: The Case Of Rwanda’s Gacaca Law (Organization for Social Science Research in Eastern and Southern Africa, 2015), Telesphore Ngarambe uses a fusion of cultural and translational studies, with emphasis placed on cultural contextualization, to make a unique contribution to the study of Gacaca law. Ngarambe argues that as law is embedded in culture and society, of which language is an integral part, legal language of necessity reflects the culture and society in which it is embedded. Rwanda’s three official languages mean that Gacaca law, articulated in Kinyarwanda, must now also find expression in the colonial languages with which it coexists, namely English and French. Though modern Gacaca law has come in for criticism, it has also been hailed as a model for indigenous responses to crimes of mass violence in Africa and other parts of the world. Mireille Djenno is the African Studies Librarian at Indiana University. She can be reached at mdjenno@indiana.edu.   Learn more about your ad choices. Visit megaphone.fm/adchoices

New Books in Language
Telesphore Ngarambe, “Practical Challenges in Customary Law Translation: The Case of Rwanda’s Gacaca Law” (OSSREA, 2015)

New Books in Language

Play Episode Listen Later Feb 6, 2017 66:11


The unprecedented crime of the 1994 Rwandan genocide demanded an unconventional legal response. After failed attempts by the international legal system to efficiently handle legal cases stemming from the genocide, Rwandans decided to take matters into their own hands and reinstate Gacaca law, which had been the sole legal system in Rwanda prior to colonization. Gacaca, a Kinyarwanda word referring to a type of grass or traditional lawn, is also a metonym for place and mediation. Gacaca law allows perpetrators and victims to resolve their differences before the community, and a panel of eminent persons, inyangamugayo. Gacaca seeks not simply to punish crime but to repair the social fabric rent by crime. In his book Practical Challenges in Customary Law Translation: The Case Of Rwanda’s Gacaca Law (Organization for Social Science Research in Eastern and Southern Africa, 2015), Telesphore Ngarambe uses a fusion of cultural and translational studies, with emphasis placed on cultural contextualization, to make a unique contribution to the study of Gacaca law. Ngarambe argues that as law is embedded in culture and society, of which language is an integral part, legal language of necessity reflects the culture and society in which it is embedded. Rwanda’s three official languages mean that Gacaca law, articulated in Kinyarwanda, must now also find expression in the colonial languages with which it coexists, namely English and French. Though modern Gacaca law has come in for criticism, it has also been hailed as a model for indigenous responses to crimes of mass violence in Africa and other parts of the world. Mireille Djenno is the African Studies Librarian at Indiana University. She can be reached at mdjenno@indiana.edu.   Learn more about your ad choices. Visit megaphone.fm/adchoices

New Books in Law
Telesphore Ngarambe, “Practical Challenges in Customary Law Translation: The Case of Rwanda’s Gacaca Law” (OSSREA, 2015)

New Books in Law

Play Episode Listen Later Feb 6, 2017 66:11


The unprecedented crime of the 1994 Rwandan genocide demanded an unconventional legal response. After failed attempts by the international legal system to efficiently handle legal cases stemming from the genocide, Rwandans decided to take matters into their own hands and reinstate Gacaca law, which had been the sole legal system in Rwanda prior to colonization. Gacaca, a Kinyarwanda word referring to a type of grass or traditional lawn, is also a metonym for place and mediation. Gacaca law allows perpetrators and victims to resolve their differences before the community, and a panel of eminent persons, inyangamugayo. Gacaca seeks not simply to punish crime but to repair the social fabric rent by crime. In his book Practical Challenges in Customary Law Translation: The Case Of Rwanda’s Gacaca Law (Organization for Social Science Research in Eastern and Southern Africa, 2015), Telesphore Ngarambe uses a fusion of cultural and translational studies, with emphasis placed on cultural contextualization, to make a unique contribution to the study of Gacaca law. Ngarambe argues that as law is embedded in culture and society, of which language is an integral part, legal language of necessity reflects the culture and society in which it is embedded. Rwanda’s three official languages mean that Gacaca law, articulated in Kinyarwanda, must now also find expression in the colonial languages with which it coexists, namely English and French. Though modern Gacaca law has come in for criticism, it has also been hailed as a model for indigenous responses to crimes of mass violence in Africa and other parts of the world. Mireille Djenno is the African Studies Librarian at Indiana University. She can be reached at mdjenno@indiana.edu.   Learn more about your ad choices. Visit megaphone.fm/adchoices

Update@Noon
Winnie Madikizela-Mandela claim to house and land at Qunu under customary law

Update@Noon

Play Episode Listen Later Mar 1, 2016 3:27


Counsel representing the former wife of the late president Nelson Mandela, Winnie Madikizela-Mandela, has presented their arguments in the Mthatha High Court on her claim to the house and land at Qunu outside Mthatha. She contends that she's still the rightful owner of the site in terms of the customary law. Senior Counsel, Patrick Mtshaulana argued that their divorce, which dissolved the civil marriage was only done through common law and the customary law marriage is therefore still in existence. Nkululeko Nyembezi was in court and filed this report

LCIL International Law Seminar Series
'An International Community: Is there any such thing?' by Dr Stephen Neff

LCIL International Law Seminar Series

Play Episode Listen Later Oct 16, 2015 28:54


The Lauterpacht Centre for International Law (LCIL), University of Cambridge hosts a regular Friday lunchtime lecture series on key areas of International Law. Previous subjects have included UN peacekeeping operations, the advisory jurisdiction of the International Court of Justice, the crime of aggression, whaling, children and military tribunals, and theories and practices for proving individual responsibility criminal responsibility for genocide and crimes against humanity. This lecture, entitled 'An International Community: Is there any such thing?', was delivered at the Lauterpacht Centre on Friday, 9 October 2015 by Dr Stephen Neff, Reader in International Public Law, Edinburgh University. Please note, the question and answer sections of LCIL lectures are omitted to facilitate a free and frank discussion with participants. For more information about the series, please see the Lauterpacht Centre website at http://www.lcil.cam.ac.uk

First Take SA
Constitutional & Customary Law experts on analyse Dalinyebo case

First Take SA

Play Episode Listen Later Oct 13, 2015 12:17


The AbaThembu King Buyelekhaya Dalindyebo's bid to avoid imprisonment is gradually fading as the state has filed papers opposing his application for the extension of his bail. The King intends taking the Supreme Court of Appeal's decision to the Constitutional Court on the grounds that indigenous legal aspects were never taken into consideration during his conviction. He was convicted of crimes including kidnapping, culpable homicide, assault and arson, committed between 1995 and 1996.

LCIL International Law Seminar Series
'On the Siren Song of Sui Generis: Customary law, humanitarian law, and the ILC' by Professor Robert Cryer

LCIL International Law Seminar Series

Play Episode Listen Later Feb 17, 2015 45:25


The Lauterpacht Centre for International Law (LCIL), University of Cambridge hosts a regular Friday lunchtime lecture series on key areas of International Law. Previous subjects have included UN peacekeeping operations, the advisory jurisdiction of the International Court of Justice, the crime of aggression, whaling, children and military tribunals, and theories and practices for proving individual responsibility criminal responsibility for genocide and crimes against humanity. This lecture entitled 'On the Siren Song of Sui Generis: Customary law, humanitarian law, and the ILC' was delivered on Friday, 16 January 2015 by Robert Cryer, Professor of International and Criminal Law, University of Birmingham, UK. For more information about the series, please see the LCIL website at www.lcil.cam.ac.uk

Complete Liberty Podcast
Episode 54 - Competing justice agencies, customary law principles, praxeology

Complete Liberty Podcast

Play Episode Listen Later Feb 14, 2009 40:00


Read email from listener, living in the not-so-distant future, a transitional period between 20th century statism and complete liberty--competing justice agencies, flights of fantasy or not? No one is 'in control' in a complete liberty society; anarchy rules ;) Red pill reality versus blue pill reality; the ever-present matrix of false and destructive memes that distort most people's viewpoints The freest economies are the wealthiest economies The vast disparities between regulated and unregulated labor markets are typically overlooked by statists It's a fallacy to think that people (immigrants) are stealing jobs from other people--merely statist propaganda Retaliatory force (self-defense) must be used in proportion to the force that is initiated against you, though it's normally best to involve an independent third party for objectivity's sake (thus the need for justice agencies) Governmental police are a contradiction of the highest order--they extort money from you in order to protect you from thieves The governmental court system, with its men/women in black dresses, prosecutors, and public pretenders is a complete insult to the idea of justice Pa. judges accused of jailing kids for cash http://news.yahoo.com/s/ap/20090211/ap_on_re_us/courthouse_kickbacks The evil nature of the unionized "corrections system," in which the people involved perpetuate the unjust status quo and increase their power and wealth--it's again wise to follow the money trail in these matters So-called privatization is still relying on extortion for funding--pure fascism Is the customer always right? Context matters, and in the realm of justice services, the concept of right entails upholding the principles of self-ownership and property--thou shalt not aggress, which also applies to any agent of justice "Customer service" at the DMV: pay or get shot (if you resist) Justice is a virtue that implements a respectful form of ethics; unjust acts must not be committed with impunity, i.e., without restoring the victim(s) Rand's take on the concept of justice: http://aynrandlexicon.com/lexicon/justice.html Understanding customary legal principles is key to a just society: http://completeliberty.com/chapter8.php#153 Justice requires a value system that understands self-ownership and respectful relations with others A germane article: Property, Causality, and Liability by Hans-Hermann Hoppe http://www.mises.org/journals/qjae/pdf/qjae7_4_6.pdf Morally enlightened people will not tolerate agencies that are biased and violate individual rights Statism represents moral corruption and mass unenlightenment Justice agencies, like individuals, will be incentivized to minimize conflict Another germane essay: Does the State Resolve or Create Conflict? by Hans-Hermann Hoppe http://www.mises.org/story/2075 Where there is competition in the marketplace, and therefore consumer choice, customary law that minimizes conflict (and thus reduces costs) will be the order of the day--people will naturally choose it over favoritism, bias, corruption, and injustice Reasonable and cost-effective insurance policies ensure that justice is served, no matter how badly particular customers might behave; one doesn't throw a just business model away on the whim of an unjust customer Prohibiting choice removes market indicators of what is good and what is not good Praxeology and the Austrian school of economics: http://en.wikipedia.org/wiki/Praxeology bumper music "Justice Tonight/Kick It Over" by The Clash http://www.theclashonline.com/music/super-black-market-clash to comment, please go to http://completeliberty.com/magazine/category/91697