Customary Law, War, and Social Transformation
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Customary Law, War, and Social Transformation book
It was noted earlier that customary law, as described in this section, represents both continuity and change – what was (to a degree still is) and the changes the society has undergone and is still undergoing. There are several ways of looking at the impact of change on customary law, among them the general process of modernization, which implies transition out of the traditional social context, and reactions to the inequities of the traditional system. The most radical transformation is associated with the impact of the war that has raged in the country for decades. The need to cope with these changes, together with a strong sentiment of cultural revivalism and a desire to restore the positive values of tradition while recognizing the widely accepted need to reform customary law are the contradictory forces at work, reﬂecting both conservativism and radicalism.