Relevant bibliographies by topics / Customary law – Botswana

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  1. Journal articles
  2. Dissertations / Theses
  3. Books

Academic literature on the topic 'Customary law – Botswana'

Author: Grafiati
Published: 4 June 2021
Last updated: 7 February 2022

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Journal articles on the topic "Customary law – Botswana"

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Griffiths, Anne. "Reconfiguring Law: An Ethnographic Perspective from Botswana." Law & Social Inquiry 23, no. 03 (1998): 587–620. http://dx.doi.org/10.1111/j.1747-4469.1998.tb00122.x.

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Using two marital disputes, this article examines women's experiences in bringing legal claims regarding family property in Botswana. It highlights the ways women draw on diverse economic and social resources available to them through their differing positions within gendered social networks that shape daily life and affect the ability to access and manipulate a legal system incorporating Tswana customary law and European law. The divergent discourses among women and between women and men document how the administrative and theoretical separation of legal systems does not extend to people's us
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Ng'ong'ola, Clement. "Land Problems in Some Peri-Urban Villages in Botswana and Problems of Conception, Description and Transformation of “Tribal” Land Tenure." Journal of African Law 36, no. 2 (1992): 140–67. http://dx.doi.org/10.1017/s0021855300009864.

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In Botswana, as in several other African countries with a similar historical experience, a dual or plural land tenure system was carried over from the colonial era. The bulk of the land falls within the category of “tribal land”. It is predominantly held and occupied by indigenous peoples under customary notions of land tenure. The State also holds as “State land” a fairly significant proportion which fell under the category of “Crown lands” during the colonial era. A tiny proportion now falls within the category of “freehold land”. This is predominantly held and occupied in conformity with co
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Fombad, Charles Manga. "Gender equality in African customary law: has the male ultimogeniture rule any future in Botswana?" Journal of Modern African Studies 52, no. 3 (2014): 475–94. http://dx.doi.org/10.1017/s0022278x14000391.

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ABSTRACTThe actual and perceived conflicts between customary law and human rights law, especially in issues dealing with gender equality, have remained a major challenge in Africa. Some of these conflicts are further complicated by the varying and contradictory interpretation of some customary laws by the courts. Different approaches have been adopted at different times and in different places to deal with some of these conflicts. One of the most controversial areas of customary law has been the traditional exclusion of women from property inheritance. This paper takes a critical look at how t
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Werbner, Pnina, and Richard Werbner. "Adultery Redefined: Changing Decisions of Equity in Customary Law as “Living Law” in Botswana." PoLAR: Political and Legal Anthropology Review 43, no. 1 (2020): 136–52. http://dx.doi.org/10.1111/plar.12344.

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Morapedi, Wazha G. "Demise or resilience? Customary law and chieftaincy in twenty-first century Botswana." Journal of Contemporary African Studies 28, no. 2 (2010): 215–30. http://dx.doi.org/10.1080/02589001003736843.

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Dambe, Baboki Jonathan, and Charles Manga Fombad. "The stock theft act and customary courts in Botswana: justice sacrificed on the altar of expediency?" Journal of Legal Pluralism and Unofficial Law 52, no. 1 (2020): 65–81. http://dx.doi.org/10.1080/07329113.2020.1734381.

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Weinberg, Tara. "Pushing the boundaries of customary law jurisprudence in Botswana: social science and the law in the case ofRamantele vs. Mmusi." Journal of Legal Pluralism and Unofficial Law 48, no. 2 (2016): 186–207. http://dx.doi.org/10.1080/07329113.2016.1169056.

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Werbner, Pnina, and Richard Werbner. "A Case of Insult." Social Analysis 63, no. 3 (2019): 89–113. http://dx.doi.org/10.3167/sa.2019.630305.

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Legal anthropologists have been latecomers in the debate surrounding law and emotion, a movement responding to the notion that the law is ‘imbued with emotion’. As in the US and Europe, in Botswana cases of public insults are emotionally charged, and this is particularly so in witchcraft insult hearings. Akin to hate crimes, these insults threaten public peace, kinship amity, and decency. Members of a customary court mobilize an elaborate moral lexicon from everyday life in order not simply to ascertain the forensic facts, but to persuade offenders to regain their rational good sense, reach a
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McKenzie, Peter. "A shared commercial legal heritage - reflections on commercial law reform in former British Colonies and Dependencies." Victoria University of Wellington Law Review 39, no. 4 (2008): 553. http://dx.doi.org/10.26686/vuwlr.v39i4.5478.

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This article reflects on Professor Tony Angelo's contributions to the laws of various British colonies, particularly Mauritius. The author illustrates different types of jurisdiction by reference to individual countries. First, the author discusses colonies with a received legal heritage – Mauritius, who has influences from its French colonial administration and English law, and Botswana who has hints of English commercial statutes. Secondly, the author discusses colonies with an underlying common law system – Uganda, Sierra Leone, and Samoa. None of these nations were settled colonies, but co
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Rautenbach, Christa. "A family home, five sisters and the rule of ultimogeniture: Comparing notes on judicial approaches to customary law in South Africa and Botswana." African Human Rights Law Journal 16, no. 1 (2016): 145–74. http://dx.doi.org/10.17159/1996-2096/2016/v16n1a7.

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Dissertations / Theses on the topic "Customary law – Botswana"

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Radijeng, Godfrey Olebogeng. "Customary law and gender equality : the legal status of women in Botswana." Thesis, University of Oxford, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.404025.

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Pilane, Sidney. "Recidivism and Prison Overcrowding due to Denial of Legal Representation in Botswana." ScholarWorks, 2019. https://scholarworks.waldenu.edu/dissertations/6474.

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Botswana has been experiencing high rates of recidivism and prison overcrowding, but the causes of these problems have not been explored. Thus, this qualitative study was conducted to investigate whether the denial of legal representation to criminal defendants tried in the customary courts is one of the causes of high rates of recidivism, prison overcrowding, or both. The main research question addressed a possible relationship between these factors and the denial of legal representation, and the study was guided by the punctuated equilibrium theory and the policy feedback theory. Data were c
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Quansah, E. K. "Determining matrimonial property rights on divorce : an appraisal of the legal regimes in Botswana." Thesis, 2001. http://hdl.handle.net/10500/15840.

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The bulk of the matrimonial property regimes operating in Botswana were inherited from the country's colonial past. Since independence there ha'> not been any realistic attempt to reform them. The thesis set out to appraisal the legal regimes governing the determination of matrimonial property on divorce to ascertain their efficacy in realising the legitimate aspiration of married couples. Comparisons were made with similar countries to determine how these have tackled problems relating to determination of matrimonial property on divorce. The study found that where there is a dispute a
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Books on the topic "Customary law – Botswana"

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Gender and generational perceptions on renegotiated customary inheritance in Tlokweng, Botswana. Institute of Southern African Studies, National University of Lesotho, 2006.

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