Legal Traditions and State-centered Law: Drawing from Tribal and Customary Law Cases of Yemen and Egypt

copie de l'article tel que publié sur demande à l'auteurThis chapter addresses the issue of tribal and customary law in their relationship with State law. It contends that this relationship can be observed at different levels, around which this analysis will be organized. At a first level, where one can observe an instance of legal pluralism, customary justice integrates in its structuring and functioning bits and pieces of the State, its law and its staff. At a second level, the opposite holds true, i.e. the law of the State and its judiciary recognizes and integrates principles of customary law and rulings of customary authorities and gives them the force of State law. At a third level, which is the level of ordinary problems and informal adjudication, the practices of people are explicitly oriented to the State and its law and/or customary rules and proceedings for solving disputes