To see the other types of publications on this topic, follow the link: Primogeniture law.
Journal articles on the topic 'Primogeniture law'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 22 journal articles for your research on the topic 'Primogeniture law.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Itua, Paul. "Disinheritance of Women Under Esan Customary law in Nigeria: The Need for a Paradigm Shift Towards Gender Equality." Advances in Social Sciences Research Journal 8, no. 2 (March 6, 2021): 668–723. http://dx.doi.org/10.14738/assrj.82.9788.
Full textAbstract:
Legal scholars, and activist in recent times had continued to advocate for equal rights of children irrespective of their gender on issues of succession or inheritance rights. The problem with gender-based discrimination are more palpable when a deceased die intestate and the principles of native law and custom regulating succession to the deceased intestate estate are fully activated. Most often, statistics have shown that female gender are discriminated against in most of the communities in Nigeria. Female children suffer the same fate under Esan customary law, because of the application of the rule of primogeniture that regulate inheritance and succession. Widows’ also are not excluded from discriminatory practises. This article seeks to examine critically the disinheritance of women either as daughters or as a widow under Esan customary law and advocate for a paradigm shift to bring its application in tandem with the Constitution.
KEYWORD. Succession under Esan Customary Law, the Rule of Primogeniture and disinheritance of women.
2
Callahan, Christopher. "Canon Law, Primogeniture, and the Marriage of Ebain and Silence." Romance Quarterly 49, no. 1 (January 2002): 12–20. http://dx.doi.org/10.1080/08831150209600881.
Full text
3
'Nyane, Hoolo. "The Constitutional Rules of Succession to the Institution of Monarch in Lesotho." Potchefstroom Electronic Law Journal 22 (May 30, 2019): 1–29. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a4461.
Full textAbstract:
The rules that govern succession to the office of King in Lesotho are largely customary. The Constitution of Lesotho, 1993 provides that succession to the office of King shall be regulated in terms of customary law; the Constitution itself does not provide for the substantive and procedural rules governing succession. The zenith of customary rules is that succession to kingship in Lesotho is based on the principle of primogeniture. The primogeniture rule has always presented problems of application in Lesotho; more so in the era of equality and democracy. This paper critiques the rules of succession to the office of King. It contends that by leaving the regulation of succession exclusively to customary law without clear articulation in the Constitution, the Constitution is unduly yielding to a system of law (customary law) which is not only subservient to the Constitution but also based on a different set of values. The paper recommends that the rules of succession must be codified in the Constitution and must be realigned with contemporary notions of constitutionalism and equality.
4
Omotola, Jelili A. "Primogeniture and Illegitimacy in African Customary Law: The Battle for Survival of Culture." Indiana International & Comparative Law Review 15, no. 1 (January 1, 2004): 115–46. http://dx.doi.org/10.18060/17833.
Full text
5
Bertocchi, Graziella. "The Law of Primogeniture and the Transition from Landed Aristocracy to Industrial Democracy." Journal of Economic Growth 11, no. 1 (March 2006): 43–70. http://dx.doi.org/10.1007/s10887-006-7405-4.
Full text
6
Bonfield, Lloyd. "Farewell Downton Abbey, Adieu Primogeniture and Entail: Britain’s Brief Encounter with Forced Heirship." American Journal of Legal History 58, no. 4 (November 9, 2018): 479–504. http://dx.doi.org/10.1093/ajlh/njy019.
Full text
7
Johnson, Trudi. "Women and Inheritance in Nineteenth-Century Newfoundland." Journal of the Canadian Historical Association 13, no. 1 (February 9, 2006): 1–22. http://dx.doi.org/10.7202/031151ar.
Full textAbstract:
Abstract This paper tests the idea that concepts of property in English common law favoured male heirs in the primogeniture system of land inheritance and disadvantaged women upon marriage. A case study of wills in nineteenth-century Newfoundland demonstrates that instead of strict adherence to centuries of common-law tradition, both men and women in Newfoundland were more concerned with the support and maintenance of the family under the unique conditions of the Newfoundland economy. The male line of descent was subordinated to the immediate and long-term needs of the family through more egalitarian inheritance practices. These practices in tum sustained a mat rimonial property system that well pre-dated legislation to protect married women's property.
8
Maluleke, Mikateko Joyce. "Culture, Tradition, Custom, Law and Gender Equality." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 1 (May 22, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2012/v15i1a2454.
Full textAbstract:
Traditional cultural practices reflect the values and beliefs held by members of a community for periods often spanning generations. Every social grouping in the world has specific traditional cultural practices and beliefs, some of which are beneficial to all members, while others have become harmful to a specific group, such as women. These harmful traditional practices include early and forced marriages (Ukuthwala as practised currently), virginity testing, widow's rituals, 'u ku ngena' (levirate and sororate unions[1]), female genital mutilation[2] (FGM), breast sweeping/ironing, the primogeniture rule, practices such as 'cleansing' after male circumcision, and witch-hunting.[1] Levirate unions occur when the deceased's surviving male relative inherits the widow of the deceased. Sororate unions occur where the widower is inherited by the deceased wife's surviving female relative. The inherited widow or widower becomes the wife or husband to the surviving relative of the deceased.[2] FGM is not just the cutting of the clitoris; it includes disfigurement, and the changing of the form or elongation of the labia as practiced by Tsonga and Sotho communities.
9
GRANT, EVADNÉ. "HUMAN RIGHTS, CULTURAL DIVERSITY AND CUSTOMARY LAW IN SOUTH AFRICA." Journal of African Law 50, no. 1 (April 2006): 2–23. http://dx.doi.org/10.1017/s0021855306000039.
Full textAbstract:
In the joined cases of Bhe v. Magistrate Khayelitsha and Others; Shibi v. Sithole and Others; South African Human Rights Commission and Another v. President of the Republic of South Africa and Another (2005(1) B.C.L.R. 1 (CC)), the South African Constitutional Court held unanimously that the male primogeniture rule according men rights to inheritance not enjoyed by women enshrined in the South African Customary Law of Succession violated the right to equality guaranteed under section 9 of the South African Constitution. On one level, the decision can be seen as a triumph for the universality of human rights norms. On another level, however, the case raises difficult questions about the relationship between human rights and culture. The aim of this paper is to assess the judgment critically in the context of the ongoing debate about the application of international human rights standards in different cultural settings.
10
Priest, Claire. "The End of Entail: Information, Institutions, and Slavery in the American Revolutionary Period." Law and History Review 33, no. 2 (May 2015): 277–319. http://dx.doi.org/10.1017/s0738248015000024.
Full textAbstract:
For historians and property law scholars, the abolition of the fee tail estate in land by many states during the American Revolutionary Period serves as a principal symbol of the power of republican ideology during the Founding Era. Political leaders of the Founding Era deplored the system of hereditary privilege that defined the European aristocratic political order. Property served as the foundation of that order: political, economic, and social privileges were associated with ownership of landed estates. Property and inheritance law enabled families to retain land, and, therefore, the privileges associated with landed estates, over the generations. Therefore, American historians celebrate the abolition of the fee tail estate and primogeniture by some states as a practical and tangible achievement of the Republican Revolution.
11
Itua, Paul Okhaide. "Succession Under Customary Law in Nigeria. The Rule of Primogeniture versus the Deposition of a Traditional Ruler (Onojie) in Edo State: A critique of the Provisions of the Traditional Rulers and Chiefs Edicts No 16 of 1979." International Journal of Culture and History 6, no. 2 (September 25, 2019): 17. http://dx.doi.org/10.5296/ijch.v6i2.15125.
Full textAbstract:
Before the advent of colonial administration in the area, which is presently known as Nigeria, there existed a people occupying vast areas of territories, which were traditionally dominated by highly diverse ethnic groups with highly sophisticated language systems. Apart from the variation in the languages, there also exist shape differences in terms of customs and traditions. However, with the amalgamation of the southern and northern protectorate by Lord Frederick Lugard the former Governor-General of Nigeria in 1914 these territories were brought together for the convenience of British Colonial Administration. The new territory was called Nigeria. In furtherance of their quest for effective colonial administration, the British used to their advantage the traditional institutions that were well established in the country. Although traditional structures differ considerately from one ethnic group to another, but it was a common feature for these various ethnic groups to have their own established traditional institution with a recognised ruler, who may in turn be subordinate to the ruler of a larger community. The procedure regulating succession to the throne of these various traditional institutions are well defined by customs and traditions. These traditional ruler exercises absolute powers, and wade considerable influence in the affairs concerning their area of jurisdiction. However since the attainment of Independence in 1960, and followed by alternating between Military rule and civilian administration saw the decline and in some cases the eroding of the powers once excised by these traditional rulers. The once reviled absolute rulers suddenly discover that they are now subject to the powers of the state as provided in the various Traditional Rulers and Chief Law of the various states in the federation. These laws prescribed the mode of selection, appointment and discipline of a traditional ruler, which could include deposition or dethronement. In Edo State, succession to the throne as a traditional ruler in most of the communities is governed by the rule of primogeniture. Among the Esan people of Edo State their traditional ruler is known as the “Onojie” and succession to the throne is strictly by the principle of primogeniture. Recently, the Onojie of Uromi was deposed by the Edo State Government acting in accordance with provision of the Traditional Rulers and Chief Edict No 6 Laws of Bendel State of Nigeria 1979 applicable to Edo State. This article seeks to examine critically the aforesaid deposition of the Onojie against the Rule of primogeniture that regulate succession to the throne under Esan customary law.
12
Venter, Francois. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 1 (May 22, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2012/v15i1a2471.
Full textAbstract:
This issue contains various contributions on the themes of traditional African culture, the law relating to children and juveniles, the state's social responsibilities, labour law and one on legal education.In August 2011 Advocate Joyce Maluleke, Director in the Gender Directorate of the South African Department of Justice and Constitutional Development addressed the Annual General Conference of the South African Chapter of the International Association of Women Judges held in Potchefstroom on the dangers of harmful traditional practices such as early and forced marriages, virginity testing, widow's rituals, levirate and sororate unions, female genital mutilation, breast sweeping/ironing, the primogeniture rule, practices such as 'cleansing' after male circumcision, and witch-hunting. Although she considers respect for tradition, culture and customs to be part of the South African identity, she argues that cultural practices should be rooted in respect for human rights, democracy and equality. We publish her paper here as an oratio.
13
Bonoldi, Andrea, Chiara Dalle Nogare, Martin Mosler, and Niklas Potrafke. "Do inheritance rules affect voter turnout? Evidence from an Alpine region." Constitutional Political Economy 31, no. 4 (March 27, 2020): 395–445. http://dx.doi.org/10.1007/s10602-020-09307-5.
Full textAbstract:
Abstract We examine the relationship between inheritance rules and voter turnout. Inheritance rules are measured by entailed farms in South Tyrol: land properties whose inheritance is regulated by a law similar to the right of primogeniture. Using data for municipalities between 1998 and 2010, we show that voter turnout is high in municipalities with many entailed farms relative to population. The effect is based on local elections. If the number of entailed farms per 100 inhabitants increases by one standard deviation, voting turnout in municipal and provincial elections increases by around 1.27 and 1.43 percentage points (around 25 and 35% of a standard deviation). Our results suggest that entailed farm owners themselves are more likely to vote, and that entailed farms owners encourage other citizens of their municipality to participate in local elections.
14
Mmusinyane, B. "The Role of Traditional Authorities in Developing Customary Laws in Accordance with the Constitution: Shilubana and Others v Nwamitwa 2008 (9) BCLR 914 (CC)." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 12, no. 3 (June 26, 2017): 135. http://dx.doi.org/10.17159/1727-3781/2009/v12i3a2737.
Full textAbstract:
South African customary law is a body of law by which many South Africans regulate their lives in a multicultural society. South Africa's constitutional dispensation is based on the premise that all existing laws are subject to the Constitution of the Republic of South Africa 1996, including African customary law, and that all laws are limited only by the Constitution. Customary law existed long before the adoption of the Constitution which, among other things, aims at harmonising the different cultural practices that exist in the country. It is apparent that some traditional cultural practices that still exist are in conflict with the Constitution but, until they are challenged before a court of law, they will remain enforceable in our communities. This contribution investigates customary systems of succession that are guided by the principle of male primogeniture: a deceased's heir is his eldest son, failing which, the eldest son's oldest male descendant is his heir. The discussion focuses in particular on the case of Shilubana v Nwamitwa 2008 (9) BCLR 914 (CC). This case concerns an application to the Constitutional Court for a leave to appeal against a decision of the Supreme Court of Appeal substantially confirming a decision of the Pretoria High Court that prevented a woman from being a Hosi (traditional leader) of her own community
15
Shepard, Alexandra, and Tim Stretton. "Women Negotiating the Boundaries of Justice in Britain, 1300–1700: An Introduction." Journal of British Studies 58, no. 4 (October 2019): 677–83. http://dx.doi.org/10.1017/jbr.2019.84.
Full textAbstract:
AbstractThis introduction places the articles featured in this special issue of the Journal of British Studies within the context of recent scholarship on late medieval and early modern women and the law. It is designed to highlight the many boundaries that structured women's legal agency in Britain, including the procedural boundaries that filtered their voices through male advisers and officials, the jurisdictional boundaries that shaped litigation strategies, the constraints surrounding women's appearance as witnesses in court, the gendered differentiation of rights determined by primogeniture and marital property law, and the boundaries between legal and extralegal activity. Emphasizing the importance of a nuanced approach, it rejects the construction of women's litigation simply as a form of resistance to patriarchal norms and also urges caution against overestimating or oversimplifying the choices available to women in legal disputes or their latitude to operate as autonomous individuals. Gender intersected in British courts with locality, resources, jurisdiction, social status, and familial, religious, and political affiliations to inform different women's access to justice, which involved negotiations between unequal actors within various constraints and in complex alignment with multiple and often competing interests.
16
Danesh, Roshan. "Church and State in the Bahá’í Faith: An Epistemic Approach." Journal of Law and Religion 24, no. 1 (2008): 21–63. http://dx.doi.org/10.1017/s0748081400001922.
Full textAbstract:
When Mírzá Husayn ‘Ali (1817-92)—the founder of the Bahá’í Faith who was known as Bahá’u’lláh (the “Glory of God”)—died, there was a clear and unambiguous answer about who had the authority to lead his small, but growing, religious community. In his will, Bahá’u’lláh identified his eldest son, ‘Abbás Effendi, known as ‘Abdu'l-Bahá (“Servant of Bahá”) (1844-1921) as his successor and head of the community, as well as the authoritative interpreter of Bahá’u’lláh's writings. When ‘Abdu’l-Bahá assumed the reins of community leadership upon Bahá’u’lláh's death, his claim to authority went largely unchallenged, and he remained in that role until his own death.While this seeming affirmation of a principle of primogeniture would appear to establish a clear pattern for the future organization and structure of the Bahá’í community, it was only one part of the leadership of the community envisioned by Bahá’u’lláh. Equally unambiguous was Bahá’u’lláh's vision of “houses of justice” existing throughout the world, elected bodies that would serve governance functions. In the Kitáb-i-Aqdas (the “Most Holy Book”), written by Bahá’u’lláh in 1873, he states that “[t]he Lord hath ordained that in every city a House of Justice shall be established,” whose members are to “take counsel together and to have regard for the interests of the servants of God.…” In that same book, Bahá’u’lláh contemplated an international house of justice, in addition to the local houses of justice.
17
Nazzari, Muriel. "Widows as Obstacles to Business: British Objections to Brazilian Marriage and Inheritance Laws." Comparative Studies in Society and History 37, no. 4 (October 1995): 781–802. http://dx.doi.org/10.1017/s0010417500019952.
Full textAbstract:
Implicit in the hegemonic “civilizing” discourse of nineteenth-century British imperialism was the assumption that Great Britain was a model to be followed by backward societies. Included in the British characterisics to be emulated was the status of their women. In this article I turn this assumption on its head by arguing that the capital accumulation permitting the Industrial Revolution in Great Britain was furthered not only by primogeniture, as many scholars have correctly argued, but also by a marriage regime in which wives and widows had few rights to property, for husbands were usually sole owners of all marital property and had full testamentary freedom. This arrangement permitted property to concentrate in male hands. In contrast, the marriage system based on Portuguese and Brazilian law was one of full community property, which gave wives veto power in the sale or mortgaging of all real estate and assured widows rights of succession to one-half of the marital property. This system was combined with limited testamentary freedom and equally partible inheritance for both sons and daughters. I argue that, though it was more equitable than the British system, it worked against the accumulation of capital.
18
Payne, Andrew. "John Philpot – Archdeacon of Winchester and Martyr (1515–1555)." Hampshire Studies 76, no. 1 (November 1, 2021): 96–120. http://dx.doi.org/10.24202/hs2021006.
Full textAbstract:
This is the most comprehensive account yet of the life of John Philpot, archdeacon of Winchester cathedral and martyr, burned at the stake in 1555. Included is an outline of his trial from which it is shown that he was promised the position of archdeacon by the ultra conservative bishop of Winchester, Stephen Gardiner. Evidence is also provided from the trial and from his family, contrary to the opinion of Muriel St. Clare Byrne, that he was not related to Clement Philpot who was executed in 1540. A transcript translation of his father's will is provided giving a good indication of his family circumstances. This will was drawn up in 1540 at a pivotal point in English law when, in order to overcome the default position of inheritance through primogeniture, the rules of will writing were altered. This will was written to abide by the rules that existed before the new Statute of Wills was passed by Parliament, and, also, to abide by the new rules set out in the Statute. From this will and other evidence a new genealogy of the Philpot family down to the 1650s is provided. The authenticity of the so-called portrait of John Philpot held at Winchester cathedral is also discussed.
19
Rigó, Balázs. "Norms and Legal Practice of Patriarchalism according to James II’s Advices to His Son (1692)." Studia Iuridica 80 (September 17, 2019): 319–34. http://dx.doi.org/10.5604/01.3001.0013.4816.
Full textAbstract:
James II inherited the throne from his elder brother Charles only because there was not any male heir. Even the Parliament wanted to exclude him from succession, that was the exclusion crisis of 1679-1681. The Tory propaganda published Sir Robert Filmer’s Patriarcha to argue for the primogeniture principle, i.e. for the James’s title to the throne. That work introduced patriarchalism in which overlap the concepts of family and society and the authority of a father and the monarch. Therefore the monarch as the father of the nation ruled over the society that was considered to be a great family. He demanded unconditional obedience from the society just as the father demands it from the members of his family. Since Sir Robert Filmer’s name was connected to James’s right to the throne and to the conservative royalist Tory propaganda, my incentive was to examine whether James himself applied patriarchalism and the Filmer’s concepts in his political writings. This is the law (norms) in books if we apply the terms of the law in effect to the past. However, the aim of this article is to compare these norms with the practice found in the James’s declarations, proclamations, and deeds. The result of this comparison would be the law in action. Thus, the aim of this comparison is to reveal patriarchalism in James’s writings and after that to examine whether any characteristics of it can be found in his deeds and decrees of his administration. I mean especially three deeds: his coronation, the cure of the King’s evil (scrofula), and the practice of giving mercy to victims. Among the decrees I mean particularly the decrees issued during putting out the revolts against his reign. In the first two cases he was successful, however, he lost the throne to William of Orange and was expelled from it.
20
Frey, Dóra. "The Influence of the Rules of Succession on the Structure of Hungarian and German Families of Southern Transdanubia in the Early 20th Century." Studia Iuridica 80 (September 17, 2019): 99–117. http://dx.doi.org/10.5604/01.3001.0013.4786.
Full textAbstract:
The topic of the article is the influence of the rules and customs of succession on the family structures and life strategies in Southern Transdanubia. At the beginning of the 20th century, scientists and the local administration observed significant differences between the demographical structures of the Hungarian and German inhabitants in both Tolna and Baranya counties. While a significant part of the Hungarian rural population followed the “single-child-policy” (“egyke” in Hungarian), German families in the same area did not have this concept. It was observed, that the villages with families following the singlechild-policy kept losing population and were endangered by a demographical collapse. Seeking the reasons behind the single-child-policy, the rules of succession were identified as the main difference between the Hungarian and German population. The German population practiced the so-called primogeniture (Anerbenrecht), probably brought along from the early 18th century Southern Germany, meaning that one single successor inherits the entire land asset of the family. In contrast, the custom of the Hungarian population was a proportional succession. As all heirs inherited part of the land asset, it fragmented from generation to generation. To avoid this, the rural population developed the singlechild-policy, which, on the one hand, was very effective in preventing the fragmentation of family assets and became an unwritten law in several villages, but on the other hand it caused radical demographical changes. Different measures to prevent the single-child policy didn’t have a markable effect.
21
Tshikota, Gudani. "GAME OF THRONES: THE BATTLE OF THE MPHEPHUS." Pretoria Student Law Review, no. 14 (2) (2020). http://dx.doi.org/10.29053/pslr.v14i2.1813.
Full textAbstract:
South Africa, like the whole of Africa and many parts of the world, was not immune to Western civilisation, and this ‘civilisation’ was accompanied by the imposition of Western ideas, laws, cultures and traditions, and many other attributes of conquest.3 African law was infiltrated and distorted beyond recognition, resulting in the origination of ‘official’ customary law, which remains stagnant and incapable of accounting for the needs, values and circumstances of an ever-changing society.4 This study looks at the battle for the Vhavenda kingship/queenship between Masindi Mphephu (hereafter ‘Masindi’) and Toni Peter Mphephu (hereafter ‘Toni’) and contends that the Supreme Court of Appeal’s decision was correct in light of the values enshrined in our constitutional democracy.5 This is done by looking at the decision pertaining to the principle of male primogeniture in Bhe and Others v Khayelitsha Magistrate and Others (hereafter ‘the Bhe case’) and succession in Shilubana and Others v Nwamitwa (hereafter ‘the Shilubana case’).6 Throughout this study, the adoption of ‘living’ customary law by judicial systems and the legislature is proposed as a catalyst towards the transformation of customary law.7 Finally, this study contends that the pronouncement of Masindi as queen would be a step towards the transformation of customary law.
22
Maunatlala, Kgopotso, and Charles Maimela. "The implementation of customary law of succession and common law of succession respectively: With a specific focus on the eradication of the rule of male primogeniture." De Jure 53 (2020). http://dx.doi.org/10.17159/2225-7160/2020/v53a3.
Full text