Conflict Management and Legal Pluralism : Studies in Local Societies of South-East Asia and East Africa

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This research provides anthropological and socio-legal perspectives on the historical development of legal pluralism in South-East Asia and East Africa. The following five researchers have carried out intensive research on the cultural makeup of indigenous laws, the social backgrounds of grass-root conflict management, the various influences of transplanted laws upon legal cultures, the historical process of customary-law standardisation in the colonial and post-colonial legal systems, and other related issues. The present research report represents part of the results obtained from the four-year project.Masaru Miyamoto's paper titled "Indigenous Law and Native Court in Sabah, Malaysia : A Case Study of the Penampang Kadazan" enquires into the nature of the Kadazan indigenous law, and examines the development of the Native Court in Sabah, focusing on the recent standardisation policy of the Native Court rules.Yoshimi Shimizu's paper titled "Legal Culture in Brunei : With Special Refere … More nce to the Cases from a Malay Muslim Village" interprets the Brunei Malay legal culture, through observation of their preference to consensual and less adversarial means of dispute resolution.Kazumichi Tsutsumi's paper titled "The Native Court System in Sabah : Distance from the National Law" compares the native law and the transplanted modern law, arguing that socio-cultural factors should seriously be taken in the administration of both substantive and procedural rules.Masami Mori's paper titled "Multiple Legal Orders and a Case Study of Legal Practices in a Southern Palawan Society in the Philippines" clarifies the influence of cultural, ethnic and religious factors in the practices of conflict management in southern Palawan.Shinichiro Ishida's paper titled "The Indigenous Law of the lgembe of Kenya : An Anthropological Study" illustrates the roles of various law agents including local elders, age-groups, ordinary people as well as official law court, and examines the connections of the formal legal systems to the grass roots. Less