By David C. Buxbaum (auth.), David C. Buxbaum (eds.)
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Additional info for Family Law and Customary Law in Asia: A Contemporary Legal Perspective
It is clear that rational life and economic sophistication had developed further in the culture around the court, but compared with modern Western secularized culture, even this was still pre-Renaissance, pre-Enlightenment and pre-industrial. The decisive event in the political contact between the Western colonial powers and the colonized countries was that the Western powers at an early date took the positions of the former feudal rulers, who were shunted aside or became mere Western puppets. It is interesting to see, for example, how in Indonesia the Dutch government became master of all the land through the Domeinverklaring, which was based on the assumption that monarchs are absolute owners of the land.
There is no necessary connection between polygyny, and modernization, nor with polygyny and a harmonious family situation. " 2 Whether polygyny conforms to contemporary notions of social justice is another question, but it would seem that gradual, realistic and less harsh methods of attempted elimination could be utilized with better results. 3 Burma for example has not prohibited polygamy, but has provided that the husband must have the consent of the first wife before taking an additional spouse.
8 Ibid. For example, where the civil code had a fixed rule contrary to commercial custom regarding the payment of interest on current accounts of reciprocal debits and credits, the courts held the code inapplicable to current accounts, in accordance with commercial custom. XXXVIII INTRODUCTION that of the people. 1 Similarly the legal institutions have not been suitable places to administer customary law. The rules of procedure, form of trial and method of inquisition were generally hostile to the development of customary law or to the conciliatory procedures commonly associated with traditional litigation.
Family Law and Customary Law in Asia: A Contemporary Legal Perspective by David C. Buxbaum (auth.), David C. Buxbaum (eds.)