-
Critical Investigation of Challenges in the Recognition of Customary Law in the Democratic South Africa
Issue:
Volume 2, Issue 3, September 2019
Pages:
26-32
Received:
16 August 2018
Accepted:
22 March 2019
Published:
10 August 2019
Abstract: This paper identifies indirect colonial rule as an impediment towards recognition of indigenous authority in South Africa. Indigenous Africans have observed customary law from time immemorial in the pre-colonial era to govern its own people with success before the establishment of British colonial policies. Indirect rule treated indigenous tribal chiefs as political intermediaries, which has caused imbalance of the application of law. This policy was used as a mechanism from which apartheid emerged during the twentieth Century and changed African political identity landscape to favour imperialistic ideology. We explore potential alignment in the application of customary law with common law in our courts to mark the democratic dispensation in the post-colonial era. This paper aims to explore the implications of different legal systems used in democratic post-apartheid South Africa and which are influenced by the apartheid legacy and the failure to recognise African values and principles. The influence of western values resulted in the omission of Ubuntu humanist philosophy from the Constitution of the Republic of South Africa, 1966 (Act 108 of 1996) (hereinafter referred to as “the Constitution”).
Abstract: This paper identifies indirect colonial rule as an impediment towards recognition of indigenous authority in South Africa. Indigenous Africans have observed customary law from time immemorial in the pre-colonial era to govern its own people with success before the establishment of British colonial policies. Indirect rule treated indigenous tribal c...
Show More
-
The Impact of Shift of Agricultural Land Functions on Social and Economic Life of Farmers in Nusa Tenggara Timur Province Indonesia
Issue:
Volume 2, Issue 3, September 2019
Pages:
33-40
Received:
13 May 2019
Accepted:
19 July 2019
Published:
19 August 2019
Abstract: The present article is about the impact of agricultural land function shift on the Socio-Economic Life of Farmers in Nusa Tenggara Timur Province Indonesia. This means agricultural lands shifts to non-farmers. To obtain the data is by observation and open interview to ricefields farmers in three research locations purposely selected, i.e. Noelbaki and Oesao in Kupang regency and Waikomo in Lembata regency. The research reports that only 4,27% of the 117 total farmers interviewed experience good economy condition because the agricultural land shift. This means that they have enough capitals to create new business. This result recommends the strict regulationsand integrated controlby the goverment to maintain the main functions of agricultural land that is to grow rice and others for the farmers’ economic needs.
Abstract: The present article is about the impact of agricultural land function shift on the Socio-Economic Life of Farmers in Nusa Tenggara Timur Province Indonesia. This means agricultural lands shifts to non-farmers. To obtain the data is by observation and open interview to ricefields farmers in three research locations purposely selected, i.e. Noelbaki ...
Show More
-
Green Energy and Environmental Protection in Modern World
Issue:
Volume 2, Issue 3, September 2019
Pages:
41-46
Received:
24 July 2019
Accepted:
14 August 2019
Published:
28 August 2019
Abstract: The energy needs of the world are increasing every day, and the state in which we rely on the energy potential of fossil fuels such as coal, oil or gas is completely unsustainable. The rate at which oil is consumed is absurd. It makes a large part of fossil fuel cakes, but for each barrel of oil which is found to be consumed eight barrel. In the era of industrial revolution, the use of fossil fuels has increased rapidly as a initiator of changes. Considering that we live in a modern society where one of the imperatives represents new ways of obtaining energy, it is time to take responsibility for own actions and explore alternate ways of obtaining energy which can be collectively referred to call a Green energy. The term Green energy refers to all renewable energy sources. These are sources that can not be exhausted and give pure energy without the harmful consequences on the environment and our health. The aim of this paper is to briefly explain to readers what the production of new forms of energy means for the whole economy and what will happen if any form of environmental pollution occurs.
Abstract: The energy needs of the world are increasing every day, and the state in which we rely on the energy potential of fossil fuels such as coal, oil or gas is completely unsustainable. The rate at which oil is consumed is absurd. It makes a large part of fossil fuel cakes, but for each barrel of oil which is found to be consumed eight barrel. In the er...
Show More
-
Enforced Marriages in Spain: Brief Reference to Regional Regulations and Action Protocols Adopted in the Community of Catalunya
Issue:
Volume 2, Issue 3, September 2019
Pages:
47-53
Received:
25 June 2019
Accepted:
6 August 2019
Published:
2 September 2019
Abstract: In this text, it is analyzed how, at present, the absence of studies in relation to forced marriages and their undoubted configuration as a concrete manifestation of violence against women and girls, as well as the limited existence of programs developed In this regard, by public entities or administrations, this phenomenon has been perceived in Spain as an isolated case, which only occurs sporadically in some Autonomous Communities and, at the same time, in very restricted ethnic groups. Thus, the approval of Law 5/2008, of April 24, on the right of women to eradicate sexist violence in Catalunya, is justified by the fact that women's rights are human rights, deriving from international, European and national regulations that have developed a set of rights and, both criminal and administrative measures, with the aim of eradicating violence against women, providing within its articles the reference to forced marriages as a macho violence in the social or community sphere. Also, reference is made both to the Catalan Police Protocol on Procedure for the Prevention and Police Care of Forced Marriage (2009), created with the purpose of addressing forced marriages to protect victims - girls / women - from prevention and, when this practice It would have been carried out, such as the Security Program against Violence Machista (2007), which was established in Catalunya, through a working group, its purpose was focused on the study of forced marriages formalized by some of the immigrant people residing in Catalunya, with the understanding that these types of marital links constitute a serious violation of the fundamental rights of their victims, which as a general rule are young women. Finally, it is necessary that in 2014 a Protocol for the approach of forced marriages -which is limited only to the territory of Girona- has been approved, its main objective is to establish a network of health, social services, education and police forces, as well as the adoption of measures to prevent and act in cases of forced marriage.
Abstract: In this text, it is analyzed how, at present, the absence of studies in relation to forced marriages and their undoubted configuration as a concrete manifestation of violence against women and girls, as well as the limited existence of programs developed In this regard, by public entities or administrations, this phenomenon has been perceived in Sp...
Show More
-
Brief Considerations About the Brazilian Secular State
Natammy Luana de Aguiar Bonissoni
Issue:
Volume 2, Issue 3, September 2019
Pages:
54-57
Received:
14 August 2019
Accepted:
20 September 2019
Published:
30 September 2019
Abstract: Law and religion do not mix. This is one of the fallacious maxims of recent years and that unfortunately brings several misunderstandings when it comes to the relationship between the state and the religious phenomena. It is not hard to see that countless perceptions on the subject, when presented in the media, academic, social and legal fields, do not take into account the constitutional foundations, the cultural values and, especially, the spiritual character of the human being as the structuring of human life. Nowadays, Brazil has been facing political and legal problems in view of the lack of understanding of the principle of Secularity applied in the Brazilian context. By electing an openly religious President, defender of the customs and practices of his religious belief, the comprehension of the subject is necessary to set aside misconceptions, in order to address the issue with the seriousness and scientificity that it deserves. In this sense, the purpose of this article is to clarify what it means to be a secular Brazilian State, aiming to demonstrate, as a result, that the secular model adopted in Brazil does not mean the absence of religiousness in the public sphere, but the guarantee and protection of all its expressions.
Abstract: Law and religion do not mix. This is one of the fallacious maxims of recent years and that unfortunately brings several misunderstandings when it comes to the relationship between the state and the religious phenomena. It is not hard to see that countless perceptions on the subject, when presented in the media, academic, social and legal fields, do...
Show More
