In the Shadow of Marriage: Gender and Justice in an African Community

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University of Chicago Press, 1997 - 310 Seiten
Anne Griffiths originally went to Botswana to establish a university course in family law. But independent fieldwork in Botswana convinced her of the central role of the traditional customary legal system that stands alongside the colonial common law of courts and magistrates she was examining in her course. In the first comparative work on these two systems, Griffiths shows how the structure of both legal institutions is based on power and gender relations that heavily favor males.

Griffiths's analysis is based on careful observation of how people actually experience the law as well as the more standard tools of statutes and cases familiar to Western legal scholars. She explains how women's access to law is determined by social relations over which they have little control. In this powerful feminist critique of law and anthropology, Griffiths shows how law and custom are inseparable for Kwena women. Both colonial common law and customary law pose comparable and constant challenges to Kwena women's attempts to improve their positions in society.
 

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Inhalt

Academic Narratives Models and Methods in the Search for Meanings
11
The Gendered Dynamics of Households Managing Resources Procreation and Marriage
39
Diverging Families Social Stratification Procreation and Marriage
62
Pregnancy and Marriage The World of Negotiation and Dispute
106
The Gendered World of Marriage Claims of Desertion and Neglect
134
Untying the Knot Public Dissolution and Division of Property
158
Final Partings Institutional Encounters and the Shifting Boundaries of Law
183
Reconfiguring Law A Differentiating Perspective
211
Text for Teko Meres Hearing
245
Text for Nyana Segethshos Hearing
249
Text for the Kgosidintsis Hearing
253
Text for the Makokas Hearing
262
Text for Mmatharis and Tshotegos Hearing
264
NOTES
271
REFERENCES
285
INDEX
299

Procreative Relationships and Marriage in Three Families
241

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Beliebte Passagen

Seite 7 - I never would have been able to write this book. I would like to thank Adam for all of his unique input when he was at the keyboard helping me write this book.

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