Chapter

Incorporating Indigenous Law

Jacob T. Levy

in The Multiculturalism of Fear

Published in print August 2000 | ISBN: 9780198297123
Published online November 2003 | e-ISBN: 9780191599767 | DOI: http://dx.doi.org/10.1093/0198297122.003.0007
Incorporating Indigenous Law

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Indigenous, and also religious, legal codes can be and have been incorporated into the legal systems of states in a number of ways. These include common‐law incorporation, which recognizes culturally distinct ways of establishing rights that are known to the general law, such as marriage and property rights; customary incorporation, which directly applies and enforces the customary rights, privileges, and duties associated with the relevant legal tradition; and self‐government, which grants legal status to the group to make, and revise, its laws on a territorial basis. Hybrid forms have often represented hypocrisy on the states’ part, according to indigenous peoples, the burdens of all these and the benefits of none. The inalienability of indigenous land against a generally common‐law background is such a hypocrisy.

Keywords: common law; customary law; federalism; inalienability; indigenous peoples; indigenous rights; legal pluralism; religious law; self‐government

Chapter.  15896 words. 

Subjects: Political Theory

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