On customs as law
"From the inception of colonial rule, customary law was applicable on two conditions: (1) that it was not repugnant to justice, equity, or good morality and (2) that it was neither in its terms nor by necessary implication in conflict with any written law"
+
"From the inception of colonial rule, customary law was applicable on two conditions: (1) that it was not repugnant to justice, equity, or good morality and (2) that it was neither in its terms nor by necessary implication in conflict with any written law"
+
"The application of the repugnancy clause has always been a source of controversy. It was observed that subjecting African customary law to a repugnancy clause and the clause being applied to African customary law by English colonial judges meant two things: "
+
+
"(1) that customary law was inferior to the common law and (2) that the standard by which the validity of African customary law was to be determined was inevitably to be that set up by English ideas of legal norms, justice, and morality"
+
+
"And yet the values of Western society are embedded in the common law, even as values of traditional African society are embedded in African customary law"
+
+
Very good points here.
The repugnancy clause applies to Hindus as well. What is repugnant and what is not is decided based on the then English (and now Universal?) norms.
+
The repugnancy clause applies to Hindus as well. What is repugnant and what is not is decided based on the then English (and now Universal?) norms.
+
That values of Western society are embedded in our common law today in India is also lost. We just take it at face value because we have been educated based on their curriculum and it is ingrained in us that it is indeed true. West is us in our heads now.
+
+
Hindu vestiges are up for debate. They need to earn their seat on the table by convincing Hindus who are western educated that the Hindu values are meaningful to us not because they are Hindu but because they are alright based on Western standard.
+
+
Sabarimala controversy is a good example. Why did (some) Hindus find it repugnant? Their standards were different perhaps.
+
+
Found these lines interesting as i was reading
Ndulo, Muna (2011) "African Customary Law, Customs, and Women's Rights," Indiana Journal of Global Legal Studies: Vol. 18 : Iss. 1 , Article 5.
The full paper is on a different topic though. This part got me thinking
/End
Ndulo, Muna (2011) "African Customary Law, Customs, and Women's Rights," Indiana Journal of Global Legal Studies: Vol. 18 : Iss. 1 , Article 5.
The full paper is on a different topic though. This part got me thinking
/End
• • •
Missing some Tweet in this thread? You can try to
force a refresh
