DOCSLIB.ORG

Legal Pluralism and the Decentralization of Judicial Power

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Legal Pluralism and the Decentralization of Judicial Power University of Pennsylvania ScholarlyCommons Publicly Accessible Penn Dissertations 2019 States And Group Rights: Legal Pluralism And The Decentralization Of Judicial Power Emma Hayward University of Pennsylvania, [email protected] Follow this and additional works at: https://repository.upenn.edu/edissertations Part of the Law Commons, Near Eastern Languages and Societies Commons, Other International and Area Studies Commons, and the Political Science Commons Recommended Citation Hayward, Emma, "States And Group Rights: Legal Pluralism And The Decentralization Of Judicial Power" (2019). Publicly Accessible Penn Dissertations. 3426. https://repository.upenn.edu/edissertations/3426 This paper is posted at ScholarlyCommons. https://repository.upenn.edu/edissertations/3426 For more information, please contact [email protected]. States And Group Rights: Legal Pluralism And The Decentralization Of Judicial Power Abstract When do states decentralize judicial power to ethnic and religious minority groups? This dissertation presents a theory to explain why states are willing to undertake significant transfers of power by lending their support to ascriptive, group-based law. It begins with a literature review of scholarship in comparative politics and public law, both of which argue, for different reasons, that because the judiciary is vital to the state’s coercive apparatus, property rights regime, and governing functions, we should not expect states to decentralize judicial power. Yet over half of the world’s states choose to officially engage with legal pluralism by delegating power to group-based law; so the remainder of this work builds a theory to explain under what conditions states devolve or share judicial power with ethnic or religious minority groups, and what accounts for the variation in state approaches to judicial decentralization. To do this, it uses process tracing methods and an institutional choice approach. It offers a test of this theory through three full case studies and three shadow cases: Lebanon, Egypt, and Tanzania (full cases); and the United Kingdom, France, and Malawi (shadow cases). The data that it draws upon consists of 21 months of fieldwork in all 6 countries in which the author conducted approximately 450 interviews, as well as local newspapers, archives, and secondary source materials. Using this data, the dissertation creates a typology that maps the concept of judicial decentralization according to two characteristics: the unity or plurality of the national court structure and the state’s legal doctrine, with a resulting six types of judicial decentralization. Through a study of one case of each type, it finds that judicial decentralization is in significant measure the outcome of bargaining between state leaders and minority group elites, in which the capacities of the state’s leaders and the capacities of group elites, both shaped by multiple factors, are decisive in determining the degree of decentralization. It concludes with a summary of findings, sample court cases from each case study country, and suggestions as to possible avenues for further research. Degree Type Dissertation Degree Name Doctor of Philosophy (PhD) Graduate Group Political Science First Advisor Rogers Smith Keywords Egypt, Group Rights, Judicial Decentralization, Lebanon, Legal Pluralism, Tanzania Subject Categories Law | Near Eastern Languages and Societies | Other International and Area Studies | Political Science This dissertation is available at ScholarlyCommons: https://repository.upenn.edu/edissertations/3426 STATES AND GROUP RIGHTS: LEGAL PLURALISM AND THE DECENTRALIZATION OF JUDICIAL POWER Emma Hayward A DISSERTATION In Political Science Presented to the Faculties of the University of Pennsylvania In Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy 2019 Supervisor of Dissertation __________________________________ Rogers Smith Professor of Political Science Graduate Group Chairperson __________________________________ Alex Weisiger Associate Professor of Political Science Dissertation Committee Tulia Falleti, Associate Professor of Political Science Ian Lustick, Professor of Political Science ii Dedication For my family iii Acknowledgements Writing this dissertation would not have been possible without the help and support of a great many people and institutions. I would like to thank my committee chair, Rogers Smith, for his unwavering support through the last several years, and for his insightful comments on the many drafts he was kind enough to read. Thanks, too, to Tulia Falleti and Ian Lustick, whose deep knowledge of and enthusiasm for comparative politics inspired my choice of topic and approach to its study. I would also like to acknowledge the support I received from The United States Institute of Peace’s Jennings Randolph Dissertation Fellowship, the Penn Center for Africana Studies’ Foreign Language and Areas Studies Fellowship, and the Penn Program on Democracy, Citizenship, and Constitutionalism’s Dissertation Fellowship. Thanks also to the Browne Center for International Politics, Department of State Critical Language program, and the Penn Graduate School of Arts and Sciences for further financial support. I would also like to thank Stanford’s Center for International Conflict and Negotiation and Berkeley’s Center for African Studies for welcoming me as a graduate fellow and a visiting researcher, respectively. This limited space does not permit me to individually name all of the people who aided me with my research by agreeing to be interviewed for this project, but I owe them the deepest debt of gratitude imaginable. I was astonished by how generous otherwise busy and often under resourced people were with their time and interest. To the court clerks in Dar es Salaam, Sharia arbitrators in Birmingham, traditional authorities outside Lilongwe, ulama in Paris, church leaders in Cairo, activists in Beirut, and everyone else who gave me hours of their time, thank you. My memories of our conversations are perhaps the most valuable thing I take away from this project. Finally, I am deeply grateful to my friends and family for their encouragement, patience, and love. I owe a debt of gratitude to Jeremy Hayward, Anthony Hayward, Philippa Hayward, Cole Swensen, Kerry Walk, Ian Hartshorn, Adi Greif, Christine Cuk, Maria Darwish, Jon Argaman, Mwai Sandram, and Emmerich Davies. I will never be able to thank them enough for seeing me through this project, every step of the way. Above all, I want to thank my wonderful husband, Matthew Gold, whose faith in me and love for me seem to grow with every new challenge I face. I am a very lucky partner. iv ABSTRACT STATES AND GROUP RIGHTS: LEGAL PLURALISM AND THE DECENTRALIZATION OF JUDICIAL POWER Emma Hayward When do states decentralize judicial power to ethnic and religious minority groups? This dissertation presents a theory to explain why states are willing to undertake significant transfers of power by lending their support to ascriptive, group-based law. It begins with a literature review of scholarship in comparative politics and public law, both of which argue, for different reasons, that because the judiciary is vital to the state’s coercive apparatus, property rights regime, and governing functions, we should not expect states to decentralize judicial power. Yet over half of the world’s states choose to officially engage with legal pluralism by delegating power to group-based law; so the remainder of this work builds a theory to explain under what conditions states devolve or share judicial power with ethnic or religious minority groups, and what accounts for the variation in state approaches to judicial decentralization. To do this, it uses process tracing methods and an institutional choice approach. It offers a test of this theory through three full case studies and three shadow cases: Lebanon, Egypt, and Tanzania (full cases); and the United Kingdom, France, and Malawi (shadow cases). The data that it draws upon consists of 21 months of fieldwork in all 6 countries in which the author conducted approximately 450 interviews, as well as local newspapers, archives, and secondary source materials. Using this data, the dissertation creates a typology that maps the concept of judicial decentralization according to two characteristics: the unity or plurality of the national court structure and the state’s legal doctrine, with a resulting six types of judicial decentralization. Through a study of one case of each type, it finds that judicial decentralization is in significant measure the outcome of bargaining between state leaders and minority group elites, in which the capacities of the state’s leaders and the capacities of group elites, both shaped by multiple factors, are decisive in determining the degree of decentralization. It concludes with a summary of findings, sample court cases from each case study country, and suggestions as to possible avenues for further research. v Table of Contents Dedication………………………………………………………………………..………..ii Acknowledgements………………………………………………………………………iii Abstract……………………………………………………………………….…………..iv List of Tables…………………………...………………………………….…….………vii List of Illustrations………………………………………………….………….……….viii CHAPTER 1: METHODOLOGY, THEORY, AND CAUSAL ARGUMENT Introduction……………………………………………………….…………………….…1 Literature Review………………………………………………………………………...4 Conceptualization of Judicial Decentralization………………………………………….14 Methodology……………………………………………………………………………..29 Research Design and Data…………………………………………………………….....37
Load more

Recommended publications
  • Libraries in East Africa
    Edited by · RITT LLE IU LIBRARIES IN EAST AFRICA EDITED BY Anna-Britta Wallenius CONTRIBUTORS: N. o. Arunsi, S. W. Hockey, C. Kigongo-Bukenya, T. K. Lwanga, P. J. Mhaiki, J. Ndegwa, T. Nilsson, F. o. Pala, J. D. Pearson, S. S. Saith, R. Widstrand, and M. Wise The Scandinavian Institute of African Studies UPPSALA 1971 The Scandinavian Institute of African Studies has served at Uppsala since 1962 as a Scandinavian documentation and research centre on African affairs. The views expressed in its publications are entirely those of the authors and do not necessarily reflect those of the Institute or the institutions where they are engaged at present. © 197 l Nordiska Afrikainstitutet All rights reserved ISBN 91-7106-051-0 Printed in Sweden by Almqvist & WikselIs Boktryckeri Aktiebolag Uppsala 1971 ALLF 233 71 001 Contents I. PREFACE 7 2. LIBRARY SERVICES-FOR ''''HOM? g Rede Perry-Widstrand 3. THE UNIVERSITY OF NAIROBI LIBRARY 21 J. Ndegwa 4. THE KENYA NATIONAL LIBRARY SERVICE 31 F. O. Pala 5. THE LIBRARY OF THE UNIVERSITY OF DAR-ES-SALAAlvr 43 M. Wise 6. THE LIBRARY AND ADULT EDUCATION IN TANZANIA: A DISCUSSION 53 T. Nilsson 7. THE LIBRARY AND ADULT EDUCATION IN TANZANIA: A SURVEY 83 N. O. Arunsi 8. LIBRARIES ARE ASSETS IN NATIONAL DEVELOPMENT 125 P. J. Mhaiki g. THE LIBRARY OF MAKERERE UNIVERSITY T. K. Lwanga lO. THE PUBLIC LIBRARIES BOARD IN UCANDA 145 C. Kigongo-Bukenya Il. THE DEVELOPMENT OF LIBRARY SERVICES IN EAST AFRICA 163 S. W. Hockey 12. THE EAST AFRICAN SCHOOL OF LIIlRARIANSHIP: PAST, PRESENT AND FUTURE 171 S.
    [Show full text]
  • What's Wrong with a Federal Inheritance Tax? Wendy G
    University of Baltimore Law ScholarWorks@University of Baltimore School of Law All Faculty Scholarship Faculty Scholarship Spring 2014 What's Wrong with a Federal Inheritance Tax? Wendy G. Gerzog University of Baltimore School of Law, [email protected] Follow this and additional works at: http://scholarworks.law.ubalt.edu/all_fac Part of the Estates and Trusts Commons, Taxation-Federal Commons, Taxation-Federal Estate and Gift ommonC s, and the Tax Law Commons Recommended Citation What's Wrong with a Federal Inheritance Tax?, 49 Real Prop. Tr. & Est. L.J. 163 (2014-2015) This Article is brought to you for free and open access by the Faculty Scholarship at ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion in All Faculty Scholarship by an authorized administrator of ScholarWorks@University of Baltimore School of Law. For more information, please contact [email protected]. WHAT'S WRONG WITH A FEDERAL INHERITANCE TAX? Wendy C. Gerzog* Synopsis: Scholars have proposed a federal inheritance tax as an alternative to the current federal transfer taxes, but that proposal is seriously flawed. In any inheritance tax model, scholars should expect to see significantly decreased compliance rates and increased administrative costs because, by focusing on the transferees instead of on the transferor, an inheritance tax would multiply the number oftaxpayers subject to the tax. This Article reviews common characteristics ofexisting inheritance tax systems in the United States and internationally-particularly in Europe. In addition, the Article analyzes the novel Comprehensive Inheritance Tax (CIT) proposal, which combines some elements of existing inheritance tax systems with some features ofthe current transfer tax system and delivers the CIT through the federal income tax system.
    [Show full text]
  • 3 Inheritance Taxation
    LWS Working Paper Series No. 35 Inheritance Taxation in Comparative Perspective Manuel Schechtl June 2021 Luxembourg Income Study (LIS), asbl Inheritance Taxation in Comparative Perspective Manuel Schechtl* May 25, 2021 Abstract The role of inheritances for wealth inequality has been frequently addressed. However, until recently, comparative data has been scarce. This paper compiles inheritance tax information from EY Worldwide Estate and Inheritance Tax Guide and combines it with microdata from the Luxembourg Wealth Study. The results indicate substantial differences in the tax base and the distributional potential of inheritance taxation across countries. Keywords: taxes, wealth, inheritance, inheritance tax *Humboldt Universita¨t zu Berlin; Email: [email protected] 1 1 Introduction The relevance of inheritances for the wealth distribution remains a widely debated topic in the social sciences. Using different comparative data sources, previous studies highlighted the positive association between inheritances received and the wealth rank (Fessler and Schu¨rz 2018) or household net worth (Semyonov and Lewin-Epstein 2013). Recent research highlighted the contribution of transferred wealth to overall wealth inequality in this very journal (Nolan et al. 2021). These studies have generated important insights into the importance of inherited wealth beyond national case studies (Black et al. 2020) or economic models of estate taxation (De Nardi and Yang 2016). However, institutional characteristics, such as taxes on inheritances, are seldomly scrutinised. As a notable exemption, Semyonov and Lewin-Epstein examine the association of household net worth and the inheritance tax rate (2013). Due to the lack of detailed comparative data on the design of inheritance taxation, they include inheritance taxes measured as top marginal tax rate in their analysis.
    [Show full text]
  • Press Release
    PRESS RELEASE 23 July 2019 The Mauritius Leaks have once again revealed the devastating impact of tax avoidance. ICRICT calls for multilateral accord to overhaul the international tax system, the end of tax havens, the adoption of a minimum global tax and the creation of a Global Asset Registry The Mauritius Leaks have once again highlighted how rich and powerful corporations and the super-rich skirt paying taxes, whether legally or illegally. The schemes are the same, as already revealed by anonymous sources through the International Consortium of Investigative Journalists the Panama Papers, Paradise Papers, Malta Files, Luxleaks, SwissLeaks, among others. This is the latest in a series of leak that demonstrate how broken the current international tax system is. Why Mauritius? Mauritius built its position as an offshore financial centre on being a hub for tax avoidance. First it enabled multinationals to avoid capital gains tax in India. Then it created schemes to offer multinationals a low rate (3%) on income they could attribute to their subsidiaries in Mauritius supposedly for providing services to related entities in other countries, especially in Africa, with which it negotiated tax treaties. Mauritius has an extensive set of tax treaties with African countries, ensuring that investment made in African countries (profits/capital gains on investments) can be routed via Mauritius to rich countries with no/little taxes paid. No capital gains tax, no inheritance tax, wealth or gift tax, no Controlled Foreign Companies legislation, no transfer pricing rules or thin capitalization rules, no withholding tax on dividends, interest and royalty payments, you name Mauritius doesn’t have it, no wonder it has been used so extensively as a tax haven hub to take money out of Africa and India.
    [Show full text]
  • Worldwide Estate and Inheritance Tax Guide
    Worldwide Estate and Inheritance Tax Guide 2021 Preface he Worldwide Estate and Inheritance trusts and foundations, settlements, Tax Guide 2021 (WEITG) is succession, statutory and forced heirship, published by the EY Private Client matrimonial regimes, testamentary Services network, which comprises documents and intestacy rules, and estate Tprofessionals from EY member tax treaty partners. The “Inheritance and firms. gift taxes at a glance” table on page 490 The 2021 edition summarizes the gift, highlights inheritance and gift taxes in all estate and inheritance tax systems 44 jurisdictions and territories. and describes wealth transfer planning For the reader’s reference, the names and considerations in 44 jurisdictions and symbols of the foreign currencies that are territories. It is relevant to the owners of mentioned in the guide are listed at the end family businesses and private companies, of the publication. managers of private capital enterprises, This publication should not be regarded executives of multinational companies and as offering a complete explanation of the other entrepreneurial and internationally tax matters referred to and is subject to mobile high-net-worth individuals. changes in the law and other applicable The content is based on information current rules. Local publications of a more detailed as of February 2021, unless otherwise nature are frequently available. Readers indicated in the text of the chapter. are advised to consult their local EY professionals for further information. Tax information The WEITG is published alongside three The chapters in the WEITG provide companion guides on broad-based taxes: information on the taxation of the the Worldwide Corporate Tax Guide, the accumulation and transfer of wealth (e.g., Worldwide Personal Tax and Immigration by gift, trust, bequest or inheritance) in Guide and the Worldwide VAT, GST and each jurisdiction, including sections on Sales Tax Guide.
    [Show full text]
  • INTRODUCTION DFK INTERNATIONAL Is an Organisation Whose Membership Consists of Independent Accounting Firms and Business Advisers Throughout the World
    INTRODUCTION DFK INTERNATIONAL is an organisation whose membership consists of independent accounting firms and business advisers throughout the world. It is committed to meeting the needs of businesses and individuals with interests in more than one country. DFK INTERNATIONAL Member Firms provide international tax and accounting services and answers to questions on these subjects. The WORLDWIDE TAX OVERVIEW gives brief details on the taxation régimes in many nations of the world. The Member Firms of DFK INTERNATIONAL can provide additional information concerning taxation legislation in these and other territories upon request. The WORLDWIDE TAX OVERVIEW is published without responsibility on behalf of DFK INTERNATIONAL, its Directors and its Member Firms for loss occasioned by any person acting or refraining from action as a result of any information contained herein. Tax laws change frequently worldwide and some of the information contained herein may be impacted by treaties. You are advised to consult with your local DFK INTERNATIONAL Member or other tax adviser in connection with any data contained in this Overview. © DFK International 2017 Country Corporate Rates Individual Rates VAT Rates Types of Taxes Taxation of Non-Residents Depreciation Miscellaneous Argentina 35% 9%-35% 10.5%-21% Income, VAT, payroll, excise. Tax imposed on income Generally straight-line based Provinces may levy gross 15% on capital gains Tax on assets for companies from resources and activities on probable useful life receipts taxes. Branch profits Fiscal year end: derived from sales of and individuals within Argentina. Withholding tax on foreign company’s 31.12.2017 shares tax between 10%-35% on permanent establishment interests, rents, dividends is 35%.
    [Show full text]
  • U.S.-France Estate Tax Treaty
    U.S.-FRANCE ESTATE TAX TREATY Convention between the government of the United States of America and the government of the French Republic for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on estates, inheritances, and gifts signed at Washington on November 24, 1978, amended by the Protocol signed at Washington on December 8, 2004. The President of the United States of America and the President of the French Republic, desiring to conclude a convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on estates, inheritances, and gifts, have appointed for that purpose as their respective plenipotentiaries: The President of the United States of America: The Honorable George S. Vest, Assistant Secretary of State for European Affairs, The President of the French Republic: His Excellency Francois de Laboulaye, Ambassador of France, who having communicated to each other their full powers, found in good and due form, have agreed upon the following provisions. Article 1 Estates and Gifts Covered (1) This Convention shall apply to estates of decedents whose domicile at death was in France and to estates of decedents which are subject to the taxing jurisdiction of the United States by reason of the decedent's domicile therein or citizenship thereof at death. (2) This Convention shall also apply to gifts of donors whose domicile at the time of making a gift was in France, and to gifts which are subject to the taxing jurisdiction of the United States by reason of the donor's domicile therein or citizenship thereof at the time of making of a gift.
    [Show full text]
  • A Guide to Kentucky Inheritance and Estate Taxes
    A Guide to Kentucky Inheritance and Estate Taxes GENERAL INFORMATION Kentucky Department of Revenue The purpose of this booklet is to help achieve the mission of the Kentucky Department of Revenue by offering general information concerning the Kentucky inheritance and estate tax. Kentucky Department of Revenue Mission Statement As part of the Finance and Administration Cabinet, the mission of the Kentucky Department of Revenue is to administer tax laws, collect revenue, and provide services in a fair, courteous, and efficient manner for the benefit of the Commonwealth and its citizens. * * * * * * * * * * * * * The Kentucky Department of Revenue does not discriminate on the basis of race, color, national origin, sex, age, religion, disability, sexual orientation, gender identity, veteran status, genetic information or ancestry in employment or the provision of services. If you have a question concerning any information contained in this booklet, or if you have any questions pertaining to a technical issue, please contact the Financial Tax Section, Kentucky Department of Revenue, Station 61, 501 High Street, Frankfort, Kentucky 40601-2103 or (502) 564-4810. INTRODUCTION Kentucky has two death taxes. Inheritance Tax The Kentucky inheritance tax is a tax on a beneficiary’s right to receive property from a deceased person. The amount of the inheritance tax depends on the relationship of the beneficiary to the deceased person and the value of the property. Most of the time, the closer the relationship the greater the exemption and the smaller the tax rate. All property belonging to a resident of Kentucky is subject to the tax except for real estate located in another state.
    [Show full text]
  • The African E-Journals Project Has Digitized Full Text of Articles of Eleven Social Science and Humanities Journals
    The African e-Journals Project has digitized full text of articles of eleven social science and humanities journals. This item is from the digital archive maintained by Michigan State University Library. Find more at: http://digital.lib.msu.edu/projects/africanjournals/ Available through a partnership with Scroll down to read the article. Popular Resistance in Tanzapia: Lessons. from the Horace Compbell Songo. Songo UlliYenhy of .oar ,. SlIIam Introduction During the 1980's in rural Tanzania, there arose a "traditional" army called ~e SUNGU SUNGU.":This army as~bed to itself the authority to maintain peace in the regions of Mwanza, ShinYanga and Tabora. In this period of intense social and economica crisis, when new forms of accumulation were developing in the rural areas, the activities of the plundering of the natural resources had reached such a stage that the established organs of law and order were integrated in a contradictory manner into the structures of the export of capital. Ivory, gold, diamonds, cattle and hides and skins were being taken from these regions when the return for labour was such that the poor were eking out a bare subsistence. In the face of the armed seizure of cattle, brigandry and death from the primitive form of gold mining in Kahama and Geita, the poor developed their own measures to fight the accumulators. The- Sungu Sungu or Ruga Ruga as they are called in some parts, inreverting to the mode of dress, weapons and medicinal practices of the pre-coloni .d villaae }lad developed a method of self -organisation and self mobili- sation which by-passed the courts, the police aDd the party structures of governance in the rural villaaes of the above three regions.
    [Show full text]
  • Viennese Ethnomedicine Newsletter
    june 2001 volume III number 3 viennese ethnomedicine newsletter Ritual Bath among the Seereer INSTITUTE FOR THE HISTORY OF MEDICINE, UNIVERSITY OF VIENNA quondam ACADEMIA CAESAREO - REGIA IOSEPHINA 1785 department of ethnomedicine Frontispiece: The p^ogax, the ritual bath, is the final stage of a treatment among the Seereer. Muttering words of conjuration to the pangool the old man with a calabash scoops cold water over the shoulders of the woman. Freezing but devoted, the woman washes the blood of the sacrificed hen off her skin. She is now convinced to have overcome the disease (see page 13 ff.) Photograph: Armin Prinz Viennese Ethnomedicine Newsletter is published three times a year by the Department of Ethnomedicine, Institute for the History of Medicine, University of Vienna, Austria. Editor in chief Armin Prinz, Department of Ethnomedicine, Institute for the History of Medicine, University of Vienna, Austria Editorial board Nina Etkin, University of Hawaii at Manoa; Karl Holubar, University of Vienna; Wolfgang Jilek, University of British Columbia; Manfred Kremser, University of Vienna; Wolfgang Kubelka, University of Vienna; Guy Mazars, University of Strasbourg; Rogasian Mahunnah, University of Dar es Salaam, Traude Pillai-Vetschera, University of Vienna; Jun Takeda, University of Saga; Karl R. Wernhart, University of Vienna; Zohara Yaniv, Volcani Center, Israel Editors of this issue Ruth Kutalek, Department of Ethnomedicine Content Editorial (Ruth Kutalek) . 3 Is Kava a Drug? A Pacific Conundrum (Nancy J. Pollock) . 3 The Collection of the Department of Ethnomedicine (Alexander Weissenböck) . 7 Psychoanalysis in sub-Saharan Africa - My own research 1959 to now (Gerhard Kubik) . 11 Contributions to Visual Anthropology: P^ogax, the ritual bath of the Seereer (Armin Prinz) .
    [Show full text]
  • The Collapse of a Pastoral Economy
    his research unravels the economic collapse of the Datoga pastoralists of central and 15 Göttingen Series in Tnorthern Tanzania from the 1830s to the beginning of the 21st century. The research builds Social and Cultural Anthropology from the broader literature on continental African pastoralism during the past two centuries. Overall, the literature suggests that African pastoralism is collapsing due to changing political and environmental factors. My dissertation aims to provide a case study adding to the general Samwel Shanga Mhajida trends of African pastoralism, while emphasizing the topic of competition as not only physical, but as something that is ethnically negotiated through historical and collective memories. There are two main questions that have guided this project: 1) How is ethnic space defined by The Collapse of a Pastoral Economy the Datoga and their neighbours across different historical times? And 2) what are the origins of the conflicts and violence and how have they been narrated by the state throughout history? The Datoga of Central and Northern Tanzania Examining archival sources and oral interviews it is clear that the Datoga have struggled from the 1830s to the 2000s through a competitive history of claims on territory against other neighbouring communities. The competitive encounters began with the Maasai entering the Serengeti in the 19th century, and intensified with the introduction of colonialism in Mbulu and Singida in the late 19th and 20th centuries. The fight for control of land and resources resulted in violent clashes with other groups. Often the Datoga were painted as murderers and impediments to development. Policies like the amalgamation measures of the British colonial administration in Mbulu or Ujamaa in post-colonial Tanzania aimed at confronting the “Datoga problem,” but were inadequate in neither addressing the Datoga issues of identity, nor providing a solution to their quest for land ownership and control.
    [Show full text]
  • The Status of Meru Language: Domain of Use, Intergeneration Transmission and Speakers’ Attitude
    The University of Dodoma University of Dodoma Institutional Repository http://repository.udom.ac.tz Social Sciences Master Dissertations 2017 The status of Meru language: domain of use, intergeneration transmission and þÿspeakers attitude Pallangyo, Wariaeli Ismaeli The University of Dodoma Pallangyo, W. I. (2017). The status of Meru language: domain of use, intergeneration þÿtransmission and speakers attitude. Dodoma: The University of Dodoma http://hdl.handle.net/20.500.12661/431 Downloaded from UDOM Institutional Repository at The University of Dodoma, an open access institutional repository. THE STATUS OF MERU LANGUAGE: DOMAIN OF USE, INTERGENERATION TRANSMISSION AND SPEAKERS’ ATTITUDE WARIAELI ISMAELI PALLANGYO MASTER OF ARTS IN LINGUISTICS THE UNIVERSITY OF DODOMA OCTOBER, 2017 THE STATUS OF MERU LANGUAGE: DOMAIN OF USE, INTERGENERATION TRANSMISSION AND SPEAKERS’ ATTITUDE By Wariaeli Ismaeli Pallangyo A Dissertation submitted in partial fulfillment of the requirements for the degree of Master of Arts in Linguistics of the University of Dodoma The University of Dodoma October, 2017 CERTIFICATION The undersigned certifies that she has read and hereby recommends for acceptance by the University of Dodoma, a dissertation entitled the Status of Meru Language in Tanzania: Domain of Use, Intergeneration Transmission and Speakers’ Attitude, in partial fulfillment of the requirements for the Degree of Master of Arts in Linguistics of the University of Dodoma. …………………………… (Supervisor) Dr. Chrispina Alphonce Date............................... i DECLARATION AND COPYRIGHT I, Wariaeli I. Pallangyo, declare that this dissertation is my own original work and that it has not been presented and will not be presented to any other University for a similar or any other degree award. Signature.............................................
    [Show full text]