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Citizenship in Diverse Societies$
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Will Kymlicka and Wayne Norman

Print publication date: 2000

Print ISBN-13: 9780198297703

Published to Oxford Scholarship Online: October 2005

DOI: 10.1093/019829770X.001.0001

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Three Modes of Incorporating Indigenous Law

Three Modes of Incorporating Indigenous Law

Chapter:
(p.297) 12 Three Modes of Incorporating Indigenous Law
Source:
Citizenship in Diverse Societies
Author(s):

Jacob T. Levy (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/019829770X.003.0012

Three broad kinds of incorporation of indigenous law in a multicultural society are described: customary law, common law, and self‐government. These modes of incorporation have different internal logics, different moral and political implications, and different resulting legal rights for indigenous people. The chapter discusses these differences with reference to the experience of some societies that have incorporated indigenous law in these various ways. Inconsistencies in the treatment of indigenous law, and its treatment by hybrid approaches are also discussed, as is religious law.

Keywords:   common law, customary law, indigenous society, law incorporation, laws, multicultural society, self‐government

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