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The Future of Tradition

Customary Law, Common Law, and Legal Pluralism

This study of the manner in which indigenous peoples can function in modern states offers a survey of tribal life, focusing on political issues such as the meaning of sovereignty, legal issues dealing with the role of custom and social issues concerned with sustaining communal life. Recent judicial decisions are analysed as a reflection of the far-reaching changes that have taken place, in a process that has seen the former disregard of basic rights of indigenous people being replaced by an awareness of the injustices perpetrated in the past and a willingness to seek to redress them. The comparison between approaches of different English-speaking countries provides an account of interwoven developments.

This study of the manner in which indigenous peoples can function in modern states offers a survey of tribal life, focusing on political issues such as the meaning of sovereignty, legal issues dealing with the role of custom and social ...