The Future of Tradition: Customary Law, Common Law, and Legal Pluralism

Part 1 Background: custom-made law; pluralism in the modern world; tribalism - vague but valid; whither the state? customary law as common law. Part 2 The framework: the invention of discovery; between recognition and repugnancy; the right to group rights; belonging and identity; the local tribe in the global village; the trials of tribal courts. Part 3 The issues: land is forever; holy rites and sacred sites; a reasonable "cultural" defense; from harm to harmony; for shame; family matters; women and children first. Part 4 Special topics: proving the customary rule; academic questions; accounting for the past; beyond the law. Part 5 Conclusion: history in the making; community in society.