Ethnology, legal theory and legal history: the social function of the law and customary law. “The notion of customary law should primarily be defined according to its multiple ramifications and meanings. The word ‘custom’ and the word ‘customary law’ are lately often used with different or even opposed meanings. The customs, practices and usages of the trade under Civil Law, the customs in international law, the practices, habits of all kinds are highly diverse. Ultimately all this leads to the difficulty for the researcher to find his way into such a large body of diverse approaches and different definitions. […] Perhaps the greatness of historical jurisprudence lay in the fact that it provided its own seed of dissolution; for once it is admitted that law is historically conditioned, it is as impossible to limit the conception of law to a Volksgeist as to the commands of the sovereign; all forms of social control and all sources of law emerge as subjects for legitimate consideration and study.”
UN- Land Rights, Critical Need to Preserve Indigenous Languages and Rights – Ms. DAVIS: “Choices about the planet have historically been made using a “win-lose” mentality and destructive and “death-producing” approaches. The planet is in peril, and each person of every race and nation is “of the earth”. Health care and gender equality were fundamental rights of American Indians and all people; however, indigenous peoples were considered conquered peoples with no voice. They had endured genocide, the exploitation of their land and resources and victimization through acculturalization. Pointing to other structures that oppressed indigenous peoples, including foreign aid, social services, prisons, the military and indigenous reservations, she went on to say that private industry had become rich on the blood of indigenous people.” entire debate here http://www.un.org/press/en/2016/hr5306.doc.htm
Photos at Tikopia, most southeastern remote island of the Solomons. Humanitarian ideology is based on the western postulate of the universality of human rights. It is its main support. A conception that finds its roots in the western world implemented by the Westerners. It is obvious that human dignity must be asserted and defended. But beyond this principle implementation and orchestration of this conception are questionable for it imposes a Western-centric sense that is not to be taken for granted by the majority of human kind. Continue reading
Da molti anni, la Turchia ha permesso Türkmen di viaggiare attraverso tutto il territorio turco compresi i parchi nazionali. Molto intelligentemente Turchia permette al diritto consuetudinario di prevalere, il nomadismo è quindi parte di ogni vita quotidiana.
Since many years, Turkey has allowed Türkmen to travel through all the Turkish territory including the National Parks. Very intelligently Turkey let the customary law prevail, nomadism is thus part of every one daily life.
Life is beautiful with Türkmen. La vie est belle chez les Türkmen.