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A Study Of Customary Law In Sudanese Dinka

Posted on:2009-07-25Degree:MasterType:Thesis
Country:ChinaCandidate:X Q BiFull Text:PDF
GTID:2166360245490533Subject:Legal history
Abstract/Summary:PDF Full Text Request
Sudan, as a pronoun for endless war and frequent variation of state power, is an Islamic state which lays across two culture area of Africa. In such a country, there is a tribe who keeps to the traditional culture--Dinka. The society and culture of Dinka contains abundant traditional tinge, this has deeply attracted a lot of attention of Western scholars. Through on-the-spot investigation or reorganization and abstraction of predecessor's data, they have made exhaustive introduction and thorough research to the society and the culture of Dinka.Although has gotten varying degree impact from the former suzerain, the state law and the international law, as a reflection of their national soul, the customary law, however, due to many factors, still ruled the people of Dinka tribes, and is in a stage that in essence it is chaos and in form, unwritten (oral) and written (assembly) coexist. For Dinka, social change is the trend of the times and the law, which was interactional with the social, will certainly experiences a transformation from the tradition to modernization. As for the pattern choice in the reformation and whether the course is quick or slow, intense or assuasive, not only depend on exterior, but also rest with oneself.For this kind of country, which's rule by law is undergoing transformation from tradition to modernization. Probing legal program form angle of view of society, or Probing social program form angle of view of law, for innate and external things, which should to be saved and which should to be abandoned, which should to be imported. Talking about perception, how to fix the position and deal with the relation between self-ethics and foreign culture of law. Talking about practice, how to realize balance, when self-ethics and foreign culture of law exert conflict. Talking about breakthrough, how to achieve nature of inherence and lead, when they are compromised.With the eyesight broadening of part of the Dinka, they want to learn and introduce exterior vanguard technology and culture on the premise that the tradition is maintained. But disordered situation and protean policies have not been able to provide opportunities and create a good atmosphere to the ingredients (especially the customary law) which urgently need improvement. However, the Dinka and Sudan's men of insight will not let matters drift and just keep waiting negatively, they are launching a legal revolution which aimed to protect tradition and fit the modern.
Keywords/Search Tags:Dinka, Customary law, Tradition, Modernization
PDF Full Text Request
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