Chapter

Three Modes of Incorporating Indigenous Law

Jacob T. Levy

in Citizenship in Diverse Societies

Published in print March 2000 | ISBN: 9780198297703
Published online October 2005 | e-ISBN: 9780191602948 | DOI: http://dx.doi.org/10.1093/019829770X.003.0012
Three Modes of Incorporating Indigenous Law

Show Summary Details

Preview

Three broad kinds of incorporation of indigenous law in a multicultural society are described: customary law, common law, and self‐government. These modes of incorporation have different internal logics, different moral and political implications, and different resulting legal rights for indigenous people. The chapter discusses these differences with reference to the experience of some societies that have incorporated indigenous law in these various ways. Inconsistencies in the treatment of indigenous law, and its treatment by hybrid approaches are also discussed, as is religious law.

Keywords: common law; customary law; indigenous society; law incorporation; laws; multicultural society; self‐government

Chapter.  13899 words. 

Subjects: Political Theory

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.