On Customary Law: Inquiry into an Indigenous Rights Issue

Customary law among indigenous, or Fourth World, peoples is part of comprehensive aboriginal rights. The political aspect of customary law has lately been emphasized as a strategic element of the general political agenda. As argued, this reactualization of customary law offers legitimacy to stated claims, at the same time cultural and political autonomy is reinforced. The article also attempts at certain conceptional clarification, differentiating the perspectives of anthropology and law. The contemporary Sámi rights process in Norway forms the empirical basis for the general arguments introduced. In reflecting on customary law comparatively cases from Canada, Australia and New Zealand are brought in. Finally, the significance of customary law, as pointed out, refers to recognition of difference and the acceptance of a legal pluralistic arrangement.