Abstract

This essay argues that law should not be seen as a set of norms and principles which is independent from the social context. Its focus is on the different relationship, between rights and obligations in formal law and in living law. This is illustrated by examples from Tanzania and Greenland which show that imposed Western legal ideas have contributed to the disintegration of the most fundamental values by pursuing individual interests at the expense of consideration of the collective. The essay also examines how the relationship between individual and collective rights and obligations is defined by the interplay of formal law and living law in specific socio-cultural settings.

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