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Law Reform in Plural Societies

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  • © 2018

Overview

  • First ever to investigate suitable law reform processes for pluralist societies
  • Discusses how a ‘local jurisprudence’ could support law reform
  • Examines codification and restatement in law reform
  • Addresses legal transplants and law reform
  • Describes customary law and state law - accommodation through law reform

Part of the book series: The World of Small States (WSS, volume 2)

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Table of contents (7 chapters)

Keywords

About this book

This book asserts that the Pacific Islands continue to struggle with the colonial legacy of plural legal systems, comprising  laws and legal institutions from both the common law and the customary legal system. It also investigates the extent to which customary principles and values are accommodated in legislation. Focusing on Samoa, the author argues that South Pacific countries continue to adopt a Western approach to law reform without considering legal pluralism, which often results in laws which are unsuitable and irrelevant to Samoa. In the context of this system of law making, effective law reform in Samoa can only be achieved where the law reform process recognises the legitimacy of the two primary legal systems.  The book goes on to present a law reform process that is more relevant and suitable for law making in the Pacific Islands or any post-colonial societies.

Authors and Affiliations

  • TC Beirne School of Law, University of Queensland, St. Lucia, Australia

    Teleiai Lalotoa Mulitalo Ropinisone Silipa Seumanutafa

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