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Law Reform in Plural Societies

ناشر:
Springer
دسته بندی:

شابک: ۹۷۸۳۳۱۹۶۵۵۲۳۹

سال چاپ:۲۰۱۸

کد کتاب:1472
۲۲۰ صفحه - وزيري (شوميز) - چاپ ۱
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In 1962, Samoa became the first Pacific Island country to gain independence. Like many of its island neighbours, Samoa gave constitutional recognition to customary laws, recognising ‘any custom or usage which has acquired the force of law in Samoa or any part thereof’ as part of State law. This added complexity to the existing legal pluralism in Samoa, a ‘legacy’ of the colonial era, which included a period as a German colony, and then as a United Nations trust territory under the administration of New Zealand. Customary laws survived this intrusion and are still widely respected. Village communities make and administer their own rules on a broad range of local matters. However, the Constitution sets up a hierarchy of laws and, as ably illustrated in this book, national legislation rarely makes any concessions for customary laws. In the case of conflict, the written law prevails in court, but in practice these positions may be reversed. This ambiguous pluralism presents formidable barriers for law reform in Samoa. As in other Pacific island countries, law reformers in Samoa have, until quite recently, tended to rely on overseas models, without taking account of local culture. Any consultation has tended to be based on an agenda heavily weighted towards transplanted ideals. It is this background which makes this book so important. Given the renewed interest in developing an autochthonous legal system, reflecting the values and aspirations of Samoans, it is also timely.