UID:
almafu_9960117444902883
Format:
1 online resource (xxiii, 191 pages) :
,
digital, PDF file(s).
ISBN:
1-78204-520-1
Series Statement:
Eastern Africa series
Content:
Recent decades have seen a wave of land law reforms across Africa, in the context of a "land rush" and land-grabbing. But how has this been enacted on the ground and, in particular, how have women experienced this? This book seeks to re-orientate current debates on women's land rights towards a focus on the law in action. Drawing on the author's ethnographic research in the Arusha region of Tanzania, it explores how the country's land law reforms have impacted on women's legal claims to land. Centring on cases involving women litigants, the book considers the extent to which women are realising their interests in land through land courts and follows the progression of women's claims to land - from their social origins through processes of dispute resolution to judgment. Dancer's work explores three central issues. First, it considers the nature of women's claims to land in Tanzanian family contexts, the value of land in an era of land reform and the 'land rush' across Africa, and the extent to which the social issues raised are addressed by Tanzania's current laws and legal system. Secondly, it examines how agency and power relations between social and legal actors engaged in legal processes affect women's access to justice and the progression of claims. Thirdly, it explores Tanzanian concepts of justice and rights and how women's claims have been judged by land courtsin practice. Helen Dancer is a lecturer in Law at the University of Brighton. She practised as a barrister in England specialising in family legal aid cases prior to training as a legal anthropologist. She is also a consultant for Future Agricultures at IDS, University of Sussex. Her areas of research interest include law and development, gender and land, and human rights and legal pluralism.
Note:
Title from publisher's bibliographic system (viewed on 11 Jun 2021).
,
""Frontcover""; ""Contents""; ""Acknowledgements""; ""Glossary of Kiswahili and Vernacular Words""; ""List of Abbreviations and Acronyms""; ""Table of Legislation""; ""Table of Cases""; ""Introduction""; ""A Mount Meru shamba""; ""'Land rush': liberalisation, conflicts and disputes""; ""Women, land and human rights in Africa""; ""Normative pluralism in African legal systems""; ""Feminist approaches to researching women's rights and law in action""; ""Aims and structure of the book""; ""1. Social Origins of Women's Claims to Land: Gender, Family and Land Tenure in Arusha""
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""Arusha: people, land and livelihoods""""The shamba""; ""Owning, acquiring, using land""; ""Life cycles, relationships and women's claims to land""; ""Law is a saw""; ""2. Women's Claims to Land in Tanzania's Statutory Framework""; ""The Land Acts of 1999""; ""Statutory frameworks for protecting women's interests in land""; ""Local land courts: a fusion of executive and judicial powers""; ""Contemporary land court personnel""; ""An holistic approach to land law reform""; ""3. Making Legal Claims to Land: Agency, Power Relations and Access to Justice""; ""Two women's experiences""
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""Accessing justice in local courts - peacemakers and gatekeepers""""ADR, legal aid and capacity-building""; ""Power relations and representation""; ""Realising access to justice""; ""4. Doing Justice in Women's Claims: Haki and Equal Rights""; ""Haki and natural justice""; ""Judicial approaches to doing justice in land courts""; ""Gathering evidence""; ""Negotiating customary law and equal rights""; ""Using wisdom""; ""Asking 'the woman question'""; ""5. 'Shamba ni langu' (The shamba is mine): A Case Study of Gender, Power and Law in Action""
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""Origins of the dispute and the framing of claims""""The dispute in the ward tribunal""; ""The dispute escalates""; ""Appeal to the High Court Land Division""; ""Reflections""; ""Conclusion""; ""The nature of women's interests in land""; ""Designing laws for women""; ""Access to justice and social power relations""; ""Law's male bias and the transformatory potential of haki sawa""; ""The role of lawyers and judges in the process of justice""; ""Appendix - Case reports""; ""Bibliography""; ""Index""
,
English
Additional Edition:
ISBN 1-84701-113-6
Language:
English
DOI:
10.1515/9781782045205
URL:
https://www.cambridge.org/core/product/identifier/9781782045205/type/BOOK
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