1. Creating "Law": Colonial Rule, Native Courts, and the Codification of Customary Law
2. Debating Marriage: National Law and the Culture of Postcolonial Rule
3. Criminalizing Culture: Human Rights, NGOs, and the Politics of Anti-FGM Campaigns
4. Demanding Justice: Collective Action, Moral Authority, and Female Forms of Power Conclusion Bibliography Index.
(source: Nielsen Book Data)
When, where, why, and by whom is law used to force desired social change in the name of justice? Why has culture come to be seen as inherently oppressive to women? In this finely crafted book, Dorothy L. Hodgson examines the history of legal ideas and institutions in Tanzania - from customary law to human rights - as specific forms of justice that often reflect elite ideas about gender, culture, and social change. Drawing on evidence from Maasai communities, she explores how the legacies of colonial law-making continue to influence contemporary efforts to create laws, codify marriage, criminalize FGM, and contest land grabs by state officials. Despite the easy dismissal by elites of the priorities and perspectives of grassroots women, she shows how Maasai women have always had powerful ways to confront and challenge injustice, express their priorities, and reveal the limits of rights-based legal ideals. (source: Nielsen Book Data) 9780253025357 20170508
Recent decades have seen a wave of land law reforms across Africa, in the context of a "land rush" and land-grabbing. But how has this been enacted on the ground and, in particular, how have women experienced this? This book seeks to re-orientate current debates on women's land rights towards a focus on the law in action. Drawing on the author's ethnographic research in the Arusha region of Tanzania, it explores how the country's land law reforms have impacted on women's legal claims to land. Centring on cases involving women litigants, the book considers the extent to which women are realising their interests in land through land courts and follows the progression of women's claims to land - from their social origins through processes of dispute resolution to judgment. Dancer's work explores three central issues. First, it considers the nature of women's claims to land in Tanzanian family contexts, the value of land in an era of land reform and the 'land rush' across Africa, and the extent to which the social issues raised are addressed by Tanzania's current laws and legal system. Secondly, it examines how agency and power relations between social and legal actors engaged in legal processes affect women's access to justice and the progression of claims. Thirdly, it explores Tanzanian concepts of justice and rights and how women's claims have been judged by land courts in practice. Helen Dancer is a lecturer in Law at the University of Brighton. She practised as a barrister in England specialising in family legal aid cases prior to training as a legal anthropologist. She is also a consultant for Future Agricultures at IDS, University of Sussex. Her areas of research interest include law and development, gender and land, and human rights and legal pluralism. (source: Nielsen Book Data) 9781847011138 20160618