La culture sans essentialisme : l'exemple d'un 'droit coutumier' dans la societe multiculturelle de la Nouvelle-Caledonie (Culture without essentialism: the case of the "customary justice" system in the multicultural society of New-Caledonia)
This paper examines the strong debate held in France and in New-Caledonia about the value of bringing into the juridical courts, under a written form, a jurisprudential body of laws resulting from past court cases where considerations of "custom" have been used in addition to the French State law. Opponents express their concern that customary decisions have more than once been unfair to women or to young people, because the gardians of the custom are elderly men; thus making out of these...[Show more]
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