customary practices
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2021 ◽  
Vol 5 (1) ◽  
pp. 1-5
Author(s):  
Akinloye Ojo Ojo ◽  
Kingsley Opia-Enwemuche

The Laws and Customs of the Yorùbá People chronicles the prevalent customary practices and native laws of the Yorùbá people who have their ancestral home in South Western Nigeria and descendants in several cities around the world by virtue of forced and voluntary migrations. The book draws from extensive research – including painstaking collection of materials from several sub-groupings within the Yorùbá ethnic group. Ajisafe Moore acknowledges in the preface that the laws and customs of the Yorùbá people vary within the different Yorùbá sub-groupings. The book however sought to address customs and laws that are generally applicable across the entire Yorùbá ethnic group. It is not clear when The Laws and Customs of the Yoruba People (henceforth Laws and Customs) was actually published. The author’s reference in the preface to 1906 as the time when he commenced his research efforts for the book provides a first pointer to possible publication of the work in early twentieth century. Other sources such as the LitCaf Encyclopedia list laws and customs as being published in 1924, eight years after the publication of the first edition of Ajisafe Moore’s self-published work, History of Abeokuta in 1916 (reissued in 1948 and 1964 and now part of the United Kingdom’s Royal Collection Trust). James S. Coleman’s Nigeria: Background to Nationalism (1958) cites Laws and Customs as one of the “tribal and national histories of major ethnic groups” published in English in 1946 (Coleman, 1958: 327). Kash and Klare Bookshop, Lagos, Nigeria was listed as the publisher. Tis latter 320 Akinloye Ojo and Kingsley Opia-Enwemuche publication date of 1946 meant that Laws and Customs was a posthumous publication for Ajisafe Moore who passed away in 1940.


2021 ◽  
Vol 2 (2) ◽  
pp. 327-340
Author(s):  
Ashim Shil ◽  
Hemraj P Jangir

The Tripuri tribe from the state of Tripura constitutes around 50 percent of the total tribal population and can be found in all eight districts of the state. The tribe follows its own culture and tradition in terms of marriage and other customary practices. This study investigates the role of gender in inheritance of property among the Tripuri tribe and how Tripuri women are excluded from ownership of property. It also attempts to discover how property ownership affects their income and position in the household. The study has been conducted in the districts of West Tripura and Dhalai. Focus Group Discussion and interview schedules are employed as methods for collection of data. Results show that while 20 out of 54 married women from rural areas of West Tripura have inherited property, only 2 out of 13 married women have inherited property in the urban area. In comparison with West Tripura, Dhalai features a low ratio among women in inheriting property (only 4 out of 38 married women). A few causes include low level of literacy, slow urbanization and less inter-community marriages. The reasons for not inheriting property include: a woman failing to live up to the concept of a ‘good sister’ in the brother’s eyes, son needs property to care for parents, cost of marriage is borne by brother or parents so no right to claim, and to avoid unnecessary conflict in the family. In this manner, societal perceptions prevent women from claiming the legitimate share of their ancestral property.


2021 ◽  
pp. 108-153
Author(s):  
Liyakat Takim

This chapter argues that jurists can employ various tools like public welfare and the principle of no harm to either modify earlier legal enactments or formulate new ones. It contends that these devices can provide only partial and temporary amendments to existing legal injunctions. The chapter also examines the role of custom (‘urf) in the reformation process and shows that the Qur’an presumes that its legal rulings will be understood based on prevalent customary practices and values. Contemporary jurists who insist on enforcing earlier edicts are, in effect, validating pre-Islamic Arabian cultural values and imposing them on contemporary Muslims. The chapter also argues that some of the laws that were instituted in a distinct cultural context will have to be revised especially when they encounter a different cultural framework. It also explores how local custom that is endorsed by people of sound mind can legislate laws in today’s diasporic context.


2021 ◽  
Vol 34 (2) ◽  
pp. 143-162
Author(s):  
Jelani Harun

Historiographical works are an important source in tracing the early interactions between the Malays and Chinese, through the depiction of certain personages. Furthermore, the Malay society's knowledge about China is presented by the writers through charming descriptions of Chinese customary practices, traditions and arts. At the same time, an assessment of the relationship between the Malays and Chinese, as presented in historiographical works, reveal many mythical elements whose existence requires explanation. This raises many questions concerning the existence of Chinese personages and Chinese presence in Malay historical writings, and to what the extent these accounts are true. This article will discuss these issues by examining selected historiographical works in Malay literature and related historical records. The discussion is based on an intercultural approach to Malay literature and its relevance to the present time.


2021 ◽  
Vol 26 (2) ◽  
pp. 109-120
Author(s):  
Sharon L. Burton

Abstract Cybersecurity leaders must be able to use critical reading and thinking skills, exercise judgment when policies are not distinct and precise, and have the knowledge, skills, and abilities to tailor technical and planning data to diverse customers’ levels of understanding. Ninety-three percent of cybersecurity leaders do not report directly to the chief operating officer. While status differences influence interactions amid groups, attackers are smarter. With the aim of protecting organizations and reducing risk, knowledge about security must increase. Understanding voids are costly and increased breach chances are imminent. Burning questions exist. What are needed technological learnings for cybersecurity leaders to become smarter and remain ahead of attackers? How might these technologies hasten the understanding of the ‘what,’ ‘how,’ and ‘why’ reasons and key drivers for organizational behaviors. This article offers comparative analyses for cybersecurity leaders to engage in the questioning of practices, scrutinize entrenched assumptions about technology, customary practices, and query technology’s outputs by pursuing to comprehend all assumptions that could influence operations. Because understanding continues to rely upon progressively multifaceted epistemic technologies, outcomes of the research suggest that the salience of status distinctions is of central significance to the development of ongoing and proactive technological learning and up scaling solutions.


2021 ◽  
Vol 6 (1) ◽  
Author(s):  
Anas S. Alamoush ◽  
Fabio Ballini ◽  
Aykut I. Ölçer

AbstractPort sustainability studies are increasing rapidly and are skewed toward environmental aspects, while at the same time their results are fragmented, making it difficult to collectively assess conclusions. This study, therefore, aims at building a framework which categorises port actions, measures, and implementation schemes (policy tools to improve the uptake), utilising the critical literature review method. Additionally, linkage of port sustainability to the United Nations’ Sustainable Development Goals (UN SDGs) is highlighted. Port sustainability includes internal (port side) and external (ships and land transport) actions and measures. The study results form 16 homogeneous and interconnected sustainability categories, including a non-exhaustive list of operationalising measures, encompassing the three dimensions of sustainability (environment, economy and society) while implementation schemes are divided into four groups. Considering that ports are under scrutiny and perceiving growing pressure to improve their sustainable pathways, for example by addressing climate change and energy consumption, the identified ports’ sustainability actions and measures, including the linkage with the UN SDGs, are overarching and multidimensional and seen as a step in achieving far-reaching sustainable implementation. The study’s practical implications guide port policymakers and industry practitioners to go beyond the low hanging fruit (customary practices), and enable them to take reliable decisions for broader sustainability implementation. Additionally, the identified research implications stimulate further academic discussions.


2021 ◽  
pp. 14-43
Author(s):  
Stephen Mileson ◽  
Stuart Brookes

The second chapter describes the physical character of the study area in detail as a framework for understanding the analysis supplied in the chapters to follow. It also sets out the main sources drawn upon in the book, notably the physical remains of archaeology and the fabric of the historic landscape itself, as well as documentary sources such as Anglo-Saxon charter bounds, manorial records, deeds, legal records, and maps, which yield data about the use of space and about inhabitants’ perceptions, the latter particularly revealed by the field names and bynames coined by local people themselves, and by legal depositions dealing with contested ownerships and customary practices. Key archaeological sources include village earthworks, excavated and standing buildings, and botanical and zooarchaeological remains. Archaeological fieldwork carried out as part of the project is described, including fieldwalking, test pit and trial trench excavation, extensive buildings survey, and measuring the soundmarks of church bells.


2021 ◽  
pp. 65-89
Author(s):  
Seana Valentine Shiffrin

This chapter explores the democratic character of the common law by examining the implied contractual duty of good faith and its dismissive treatment by the US Supreme Court in Northwest v. Ginsberg, a 2014 preemption decision. The decision was mistaken because it failed to recognize law’s morally indispensable role of publicly articulating and interpreting our shared moral commitments, treating law instead as a mere means of resolving disputes. The chapter also celebrates the democratic character of common law, which, although articulated by judges, responds to reasons and problems emerging from the citizenry and attends to moral expectations embodied in customary practices. The chapter underscores the importance of common law (and the doctrine of good faith) in publicly articulating reasons and drawing on the underlying values that law serves, democratic functions that are lost when litigation is replaced by private arbitration and overlooked by a narrow focus on elections.


2021 ◽  
Vol 878 (1) ◽  
pp. 012002
Author(s):  
U Siahaan ◽  
M M Sudarwani ◽  
G Widati

Abstract Today almost all promotions on Toraja culture are focused on Rambu Solo’ traditional ceremony. One of the values of Rambu solo’ is love and affection for the deceased (siri ’tomate), which is parents, grandmothers or ancestors. However, the Rambu Solo’ experiences a shift in value, due to economic and technological progress. The intrinsic meaning of Rambu Solo’ is less attention, while the highlight is the prestige (siri ’totuo) aspect. The purpose of the research is to restore and clarify the noble values contained in the Rambu Solo’ traditional ceremony and to preserve the philosophical values possessed by the traditional ceremony. This research method uses a rationalistic paradigm with a qualitative approach. By revitalizing traditional values and restoring customary practices in accordance with the prevailing customary rules, in the end it also revitalized cultural preservation considering that bamboo roofing Tongkonan and Alang and Banga poles are the main building in the Rambu Solo’ ceremony. Revitalizing traditional technology in making Tongkonan and Alang, the supply of original materials for making Tongkonan & Alang should also be the point of attention.


2021 ◽  
Vol 17 (32) ◽  
pp. 319
Author(s):  
Mangambu Mokoso Jean De Dieu ◽  
Aruna Sefu Josué ◽  
Byalungwe Muhindo Adrien ◽  
Lubula Bawela Clovis ◽  
Lwimo Mukenge Manassé ◽  
...  

Cet article se focalise sur la nécessité d'intégrer, de réconcilier les pratiques coutumières des peuples riverains (Pygmées et Lega) avec les pratiques de gestion moderne de conservation de la biodiversité afin de préserver et de protéger la Réserve Naturelle d'Itombwe (RNI, réserve de catégorie VI de l'UICN). Pour récolter les données sur le terrain dans les villages Lega et Pygmées proches de la RNI, trois techniques ont été utilisées (documentaire, focus group et entretiens semi-structurés). Les résultats obtenus nous ont permis de découvrir les modes de protection de la nature et les normes locales propices au développement durable dans la gestion et la conservation de la nature. Ils montrent qu'il est utile de prendre en compte les pratiques traditionnelles et les expériences vécues pour comprendre l'importance du monde vivant de ces deux peuples. Certaines plantes et certains animaux protégés par les Us et coutumes de deux peuples sont aussi des espèces protégées et interdites par la Convention sur le Commerce International des Espèces de Faune et de Flore Sauvages Menacées d'Extinction (CITES). Malheureusement, la forte croissance démographique, le christianisme, la modernité ainsi que la relation entre la pauvreté et la culture traditionnelle ont remis en cause ces pratiques culturelles et le nonrespect de coutume. Ces croyances, loin d’être stables et immobiles, sont souvent capables d’intégrer des formes de nouveauté et de s’adapter à des modalités variables. En dépit de ces obligations, les occasions s’offrent au niveau coutumier pour la bonne gestion de la nature. Il revient aux acteurs de la conservation tant nationale qu’internationale de s’approprier ces pratiques costumières pour une bonne gestion de la biodiversité. This paper focuses on the need to integrate and reconcile the customs and practices of the riparian peoples (Pygmies and Lega) with the practice of modern management and conservation of biodiversity in order to preserve and protect the Itombwe Nature Reserve (INR, which is an IUCN Category VI Reserve). To collect field data in Lega and Pygmy villages bordering the INR, three techniques was used (documentary, focus group and individual interviews). The studies uncovered ways of protecting nature and local sacredness that are conducive to sustainable development in nature management and conservation. They show us that it is useful to take into account traditional practices and lived experiences to understand the importance of the living world of these two peoples. In addition, some plants and animals protected by local knowledge are among the species protected and prohibited by the Convention on International Trade in Endangered Species (CITES). The strong demographic growth, Christianity, modernity as well as the grafting between poverty and traditional culture have challenged these cultural practices and the respect of customs. These beliefs, far from being stable and immobile, are often able to integrate forms of novelty and adapt to changing modalities. In spite of these obligations, opportunities exist at the customary level the good management of nature. It is up to national and international conservation actors to appropriate these customary practices for good biodiversity management.


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