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Reconciling Customary Law and Received Law in Melanesia: The Post-Independence Experience in Solomon Islands and Vanuatu.

Publication: Oceania
Publication Date: 01-MAR-08 		Format: Online
Delivery: Immediate Online Access
Full Article Title: Reconciling Customary Law and Received Law in Melanesia: The Post-Independence Experience in Solomon Islands and Vanuatu.(Book review)

Article Excerpt
By Kenneth Brown. Darwin NT: Charles Darwin University Press. 2005. Pp:248.

There is a bifurcation of approaches to the study of legal pluralism in Pacific Island states. One approach, associated with lawyers, most often focuses on substantive law or the 'legal rules' introduced by colonial powers. It takes the state legal system as a given and then treats the extent to which custom is taken into consideration or incorporated into written law. Anthropologists by contrast prefer to focus on procedural law, or the means by which disputes are actually resolved in local contexts. With that perspective, indigenous categories of dispute settlement are stressed and their interface with statutory law is downplayed. These divergent orientations have hampered legal pluralism studies...

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