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Book part
Publication date: 8 December 2023

Jamil Ddamulira Mujuzi

In the case of Poiret & Anor v Seychelles Pension Fund & Anor (2022), the Court of Appeal, the highest court in Seychelles, took judicial notice of the fact that “[c]ommon law…

Abstract

In the case of Poiret & Anor v Seychelles Pension Fund & Anor (2022), the Court of Appeal, the highest court in Seychelles, took judicial notice of the fact that “[c]ommon law relationships are more prevalent in our society than those between married persons.” In this chapter, the author discusses the law relating to common law marriages in Seychelles by focusing on the following issues: the right to form a family (as a background to understanding common law marriages); requirements for a valid common law marriage; and the rights of parties in a common law marriage. These rights include “court granted” rights and “statutory rights” such as property rights (parties invoking the claim of unjust enrichment in the 1979 Civil Code and property orders and succession under the 2021 Civil Code at the dissolution of common law marriages). I also deal with the remedy of unjust enrichment in the context of the 2021 Civil Code; marital privilege (in case where one of the parties in a common law relationship is accused of committing an offence); and termination of a common law marriage. The author demonstrates the measures taken by courts and the legislators to protect some of the rights of people in common law marriages. The author suggests ways in which courts can interpret the relevant provisions of the 2021 Civil Code. Where necessary, the author highlights how courts or legislators in some African countries such as Kenya, Mauritius, Malawi, Tanzania, Sierra Leone, Ghana, Zambia, South Africa, Namibia, Rwanda, and Uganda have approached some of the issues above.

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Cohabitation and the Evolving Nature of Intimate and Family Relationships
Type: Book
ISBN: 978-1-80455-418-0

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Book part
Publication date: 17 October 2023

S. Janaka Biyanwila

Democratic renewal in Sri Lanka as well as a cross the Global South depends on strengthening democratic social movements within varieties of patrimonial capitalism. Patrimonial…

Abstract

Democratic renewal in Sri Lanka as well as a cross the Global South depends on strengthening democratic social movements within varieties of patrimonial capitalism. Patrimonial capitalism, emphasising patron–client relations, coincide with weakening democratic institutional cultures and practices. The dominant corruption/anti-corruption narrative is bracketed with elite class strategies aimed at negotiating a ‘managed corruption’. The realm of representative politics creating consent for patrimonial capitalism is shaped by: ethnic and class relations; the weakening of working-class parties; patriarchal cultures within parties; links with criminal networks; opaque finances and the integration of mainstream media with party patronage.

Democratising the realm of representative politics points towards democratic social movements. The internal dynamics of social movements, their relationships with political parties and collective learning are significant factors that shapes the strategic orientation of social movements. State repression of social movements highlights the need for demilitarisation and the abolition of prisons. The global sense of this local struggle relates to transforming financial markets and platform economies towards notions of financial and digital commons. The integration of different realms of politics, such as representative, movement, life and emancipatory politics, is vital for reinforcing solidarity as the basis for counter-hegemonic struggles.

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Debt Crisis and Popular Social Protest in Sri Lanka: Citizenship, Development and Democracy Within Global North–South Dynamics
Type: Book
ISBN: 978-1-83797-022-3

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Book part
Publication date: 17 October 2023

S. Janaka Biyanwila

The political crisis related to two main factors internal to the public revenue system, namely financial markets and the commercialisation of the state, and three related external…

Abstract

The political crisis related to two main factors internal to the public revenue system, namely financial markets and the commercialisation of the state, and three related external factors, pertaining to the pandemic, popular discontent and inequality. The emphasis on financial markets since the mid-1990s expanded the commercialisation of the state while neglecting public accountability and government oversight. The efforts to shore up public finances through the tax system is increasingly undermined by the global tax architecture, enabling financial secrecy and illicit financial flows.

The pandemic revealed the significance of women’s work, paid as well as unpaid care work. The pandemic also exposed the limitations of a domestic economy, based on export-oriented development, over-reliant on tourism and remittances from migrant workers. Combining with the on-going dengue epidemic, the pandemic highlighted the urgency of climate adaptation. Meanwhile, the popular discontent conveyed an accumulation of grievances linked with cultural discrimination, political misrepresentation as well as economic maldistribution. The participation of new middle-class segments in the protests foregrounded new tendencies significant for strengthening the labour movement as well as working-class parties in their demands for redistribution, reframing democracy as well as citizenship.

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Debt Crisis and Popular Social Protest in Sri Lanka: Citizenship, Development and Democracy Within Global North–South Dynamics
Type: Book
ISBN: 978-1-83797-022-3

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Book part
Publication date: 17 January 2024

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Problems in Paradise?
Type: Book
ISBN: 978-1-83753-509-5

Book part
Publication date: 17 October 2023

S. Janaka Biyanwila

The popular uprising (Aragalaya) combined a protest movement with a movement towards commons or a solidarity economy. The popular uprising from March to August 2022 was a reaction…

Abstract

The popular uprising (Aragalaya) combined a protest movement with a movement towards commons or a solidarity economy. The popular uprising from March to August 2022 was a reaction to the authoritarian heteropatriarchal Rajapaksa regime, which drained public revenues instigating an economic crisis. The Aragalaya was based on non-violence, independence from political parties, participatory democracy, collective leadership, politico-aesthetic strategies (art activism) and collective learning. While there were multiple contradictions, along with state repression, the Aragalaya expressed new forms of solidarity, strengthening struggles for democracy and citizenship.

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Debt Crisis and Popular Social Protest in Sri Lanka: Citizenship, Development and Democracy Within Global North–South Dynamics
Type: Book
ISBN: 978-1-83797-022-3

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Abstract

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A New Left Economics: An Economy with a Social Conscience
Type: Book
ISBN: 978-1-80455-402-9

Abstract

Details

Problems in Paradise?
Type: Book
ISBN: 978-1-83753-509-5

Book part
Publication date: 17 October 2023

S. Janaka Biyanwila

The popular uprising, the Aragalaya, was a response to a debt crisis as well as a catharsis of accumulated public discontent, which overlapped with the pandemic. A key lesson from…

Abstract

The popular uprising, the Aragalaya, was a response to a debt crisis as well as a catharsis of accumulated public discontent, which overlapped with the pandemic. A key lesson from the pandemic was the need to strengthen state social provisioning capacities to protect the health status of citizens. In addition, enhancing local economies and sustainable livelihoods is central to avoiding the vulnerabilities of international migrant labour and tourism. The limitations of representative politics highlight the need to strengthen democratic social movement politics. Along with cross cultural alliances, building multi-class alliances is central for strengthening politics of redistribution. In a context of integration of party politics with criminal networks, demilitarisation as well as the abolition of prisons is indispensable for democratisation. In a global scale, democratising financial markets and platform economies suggests regulation and regional experiments not simply by the state but also multiple publics. In demanding participation in representative institutions, the Aragalaya combined a protest movement with a sense of commons. In turn, it pointed towards the possibilities of a public-driven economy based on the democratisation of the state as well as markets. In framing this movement as a ‘struggle of love’, it revitalised the realm of life politics and alternative pleasures of life.

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Debt Crisis and Popular Social Protest in Sri Lanka: Citizenship, Development and Democracy Within Global North–South Dynamics
Type: Book
ISBN: 978-1-83797-022-3

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Book part
Publication date: 2 October 2023

Christine Emeran

This chapter focuses on book bans in an American context via embedded power relations and overlapping cultural and political spheres. In particular, it examines how those who face…

Abstract

This chapter focuses on book bans in an American context via embedded power relations and overlapping cultural and political spheres. In particular, it examines how those who face the biggest impact, namely, public high school students, navigate their marginalized position as minors, to challenge the structures of authority represented by their parents and school administration. This chapter demonstrates the importance of personal identity claims, social networks, and the power of knowledge of one’s First Amendment rights, as mobilizing forces for students to demand social change. Case studies of protest by students to overturn book bans are examined. The purpose is to understand the effect of state prohibitions on education that strengthen a student’s symbolic power as a force in society, and in some cases, fosters resistance through community-level activism.

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Sociological Research and Urban Children and Youth
Type: Book
ISBN: 978-1-80117-444-2

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Book part
Publication date: 23 November 2023

William Arrocha

Granting ‘sanctuary’ in the United States to those fleeing poverty and violence is rooted in a deep history of hospitality and compassion. As we are witnessing a rise in…

Abstract

Granting ‘sanctuary’ in the United States to those fleeing poverty and violence is rooted in a deep history of hospitality and compassion. As we are witnessing a rise in xenophobia accompanied by policies of exclusion, we also see a rising number of ‘sanctuary jurisdictions’ limiting their cooperation with immigration authorities that many communities consider are using extremely harsh and punitive measures to detain and deport irregular migrants. As this chapter will demonstrate, there has been a dramatic increase through ‘immigration federalism’ of the number of these jurisdictions in cities, states and municipalities since the first practices of ‘sanctuary’ in the 1980s as result of the waves of forced migration due to the civil wars in Central America. The author also proposes that those entities granting ‘sanctuary’ to irregular migrants should also apply practices of ‘compassionate migration’ as described in the chapter to expand their protections further and include them in their communities.

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