Land Power Custom

Accompanying DVD-ROM contains ... "current and historical legislation affecting communal land and affidavits by rural applicants, state officials and traditional leaders in pending litigation concerning land rights and chiefly power"--Page 4 of cover.

The land, labor, credit, and trading institutions of Marmara village, in Hausaland, northern Nigeria, are detailed in this study through fieldwork conducted in two national economic cycles - the petroleum-boom prosperity (in 1977-1979), and the macro-economic decline (in 1985, 1996 and 1998). The book unveils a new paradigm of economic change in the West African savannah, demonstrating how rural accumulation in a polygynous society actually limits the extent of inequality while at the same time promoting technical change. A uniquely African non-capitalist trajectory of accumulation subordinates the acquisition of capital to the expansion of polygynous families, clientage networks, and circles of trading friends. The whole trajectory is driven by an indigenous ethics of personal responsibility. This model disputes the validity of both Marxian theories of capitalist transformation in Africa and the New Institutional Economics.

In Colonial Survey and Native Landscapes in Rural South Africa, 1850 - 1913, Lindsay Frederick Braun explores the technical processes and struggles surrounding the creation and maintenance of boundaries and spaces in South Africa in the nineteenth and early twentieth centuries. The precision of surveyors and other colonial technicians lent these enterprises an illusion of irreproachable objectivity and authority, even though the reality was far messier. Using a wide range of archival and printed materials from survey departments, repositories, and libraries, the author presents two distinct episodes of struggle over lands and livelihoods, one from the Eastern Cape and one from the former northern Transvaal. These cases expose the contingencies, contests, and negotiations that fundamentally shaped these changing South African landscapes.

This book analyses the processes of commodification and decommodification which have wrought changes in Polish society since 1945. Examining the case of Poland, this book also explores comparisons to other countries in the Eastern European region. It is the first book to capture long-term social change from the perspective of commodification and decommodification processes. This book will appeal to sociologists, economists, historians, anthropologists and political scientists, especially to students and scholars interested in theoretical economics and economic sociology as well as Central and Eastern Europe.

Described as 'ground-breaking' in Kent McNeil's Foreword, this book develops an alternative approach to conventional Aboriginal title doctrine. It explains that aboriginal customary law can be a source of common law title to land in former British colonies, whether they were acquired by settlement or by conquest or cession from another colonising power. The doctrine of Common Law Aboriginal Customary Title provides a coherent approach to the source, content, proof and protection of Aboriginal land rights which overcomes problems arising from the law as currently understood and leads to more just results. The doctrine's applicability in Australia, Canada and South Africa is specifically demonstrated. While the jurisprudential underpinnings for the doctrine are consistent with fundamental common law principles, the author explains that the Australian High Court's decision in Mabo provides a broader basis for the doctrine: a broader basis which is consistent with a re-evaluation of case-law from former British colonies in Africa, as well as from the United States, New Zealand and Canada. In this context, the book proffers a reconceptualisation of the Crown's title to land in former colonies and a reassessment of conventional doctrines, including the doctrine of tenure and the doctrine of continuity. 'With rare exceptions ... the existing literature does not probe as deeply or question fundamental assumptions as thoroughly as Dr Secher does in her research. She goes to the root of the conceptual problems around the legal nature of Indigenous land rights and their vulnerability to extinguishment in the former colonial empire of the Crown. This book is a formidable contribution that I expect will be influential in shifting legal thinking on Indigenous land rights in progressive new directions.' From the Foreword by Professor Kent McNeil (to read the Foreword please click on the 'sample chapter' link).

Taking an interdisciplinary approach unmatched by any other book on this topic, this thoughtful Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property (IP). In light of the United Nations Declaration on the Rights of Indigenous Peoples 2007, expert contributors assess the legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. The overarching discussion examines national developments in Indigenous IP in the United States, Canada, South Africa, the European Union, Australia, New Zealand, and Indonesia. The Handbook provides a comprehensive overview of the historical origins of conflict over Indigenous knowledge, and examines new challenges to Indigenous IP from emerging developments in information technology, biotechnology, and climate change. Practitioners and scholars in the field of IP will learn a great deal from this Handbook about the issues and challenges that surround just protection of a variety of forms of IP for Indigenous communities.