Jump to ContentJump to Main Navigation
The Multiculturalism of Fear$
Users without a subscription are not able to see the full content.

Jacob T. Levy

Print publication date: 2000

Print ISBN-13: 9780198297123

Published to Oxford Scholarship Online: November 2003

DOI: 10.1093/0198297122.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 16 September 2019

Incorporating Indigenous Law

Incorporating Indigenous Law

Chapter:
(p.161) 6 Incorporating Indigenous Law
Source:
The Multiculturalism of Fear
Author(s):

Jacob T. Levy (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/0198297122.003.0007

Indigenous, and also religious, legal codes can be and have been incorporated into the legal systems of states in a number of ways. These include common‐law incorporation, which recognizes culturally distinct ways of establishing rights that are known to the general law, such as marriage and property rights; customary incorporation, which directly applies and enforces the customary rights, privileges, and duties associated with the relevant legal tradition; and self‐government, which grants legal status to the group to make, and revise, its laws on a territorial basis. Hybrid forms have often represented hypocrisy on the states’ part, according to indigenous peoples, the burdens of all these and the benefits of none. The inalienability of indigenous land against a generally common‐law background is such a hypocrisy.

Keywords:   common law, customary law, federalism, inalienability, indigenous peoples, indigenous rights, legal pluralism, religious law, self‐government

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .