By Franz von Benda-Beckmann
Learn the legislation of inheritance and educate them to the folk; for they're one half precious wisdom. t·1ohannned (Fyzee 1955: 329) whilst the prophet created this aphorism he had in brain the principles of in heritance legislation printed to him via Allah. lets use it on social an thropology besides sincethe inheritance of estate and the succession to positions of socio-political authority are one of the most vital parts of social association. they're the cars of continuity which retain estate and authority via time. in lots of societies, and especially in these regularly studied by means of anthropologists, inherit ance and succession are heavily interconnected with kinship and descent and supply the commercial and political substance for the life and continuity of kinship- or descent-based social teams. they're, because it have been, the flesh at the naked bones of kinship family members. the significance of inheritance has, in fact, now not escaped the attention of social and felony anthropologists, and in recent times numerous stories have ably tested the purpose (Radcliffe-Brown 1952, Goodenough 1951, Leach 1961 b, Goody 1962, Lloyd 1962, grey and Gulliver (eds. ) 1964, Derrett (ed. ) 1965, Gluckman 1972, Moore 1969, Burling 1974). but often, estate and inheritance have relatively been taken care of as an appendix to fiscal and kinship studies.
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Sample text
It is important that a clear distinction be made between conceptions which determine legal relevance and those expressing the consequences of such conceived relevance. This is well attested by the example of death and its consequences. The distinction is particularly important because different degrees of mandatoriness (see above p. 24) may operate in these two spheres of legal conceptions. Whereas behaviour constituting the situation-image may be evaluated in terms of prescriptive conceptions, the consequences attached to it may be facultative or optional.
That concrete law and general law are different social phenomena which may not only diverge but cannot coincide (Gluckman 1973 a: 325, Moore 1969: 377) is obvious, but that does not mean yet that they do not have the same characteristic properties. That general law and concrete law have the same characteristic properties, the evaluation of situation-images for consequences, I hope to have demonstrated in this chapter. That their different character as social phenomena be recognized, on the other hand, is crucial for the understanding of law.
When speaking of "law application", I mean that the legal conceptions established for concrete situation-images are derived from and legitimated by reference to general conceptions. That it is not the "same" law that is applied is obvious. That the concretization of general conceptions is not purely the finding of the preexistent law - as was held by the traditional western doctrine - but that it usually amounts to the specification of new conceptions and often to the creation of new law, has been long recognized by lawyers in most western legal systems.