Law Reform in Plural Societies

This book asserts that the Pacific Islands continue to struggle with the colonial legacy of plural legal systems, comprising  laws and legal institutions from both the common law and the customary legal system. It also investigates the extent to whic

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Teleiai Lalotoa Mulitalo Ropinisone Silipa Seumanutafa

Law Reform in Plural Societies

The World of Small States

Volume 2

Series editors Petra Butler Wellington, New Zealand Caroline Morris London, United Kingdom

More information about this series at http://www.springer.com/series/15142

Teleiai Lalotoa Mulitalo Ropinisone Silipa Seumanutafa

Law Reform in Plural Societies

Teleiai Lalotoa Mulitalo Ropinisone Silipa Seumanutafa TC Beirne School of Law University of Queensland St. Lucia, Queensland Australia

The World of Small States ISBN 978-3-319-65523-9 ISBN 978-3-319-65524-6 https://doi.org/10.1007/978-3-319-65524-6

(eBook)

Library of Congress Control Number: 2017956057 © Springer International Publishing AG 2018 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer International Publishing AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland

For my late father, our very own philosopher, Teleiai Lalotoa Mulitalo Ropinisone Silipa Seumanutafa of Apia and Saoluafata; my mother Lalotoa Mulitalo nee Asaua of Samatau and Lalomalava; my siblings Faamalu Peretiso and Rosalina Mulitalo; Mulitalo Lealali Mapuona¯ and Afamasaga Faauiga Mulitalo; Tupa’imatuna Fata Margaret and Tapuaı¯ Laupu’a Fiti; Meli Kathy and Rev. Siaosi Samoa; Tupa’isiva Tamari and Emile Cheung; Sarona and Rev. Faraimo Tiitii; Manuia and Rev. Ioane Petaia; and all the 28 grandchildren and 5 great grandchildren of this family to date. Charity begins at home Praise the Lord for you all, always O lau pule lea le Atua!

Foreword

In 1962, Samoa became the first Pacific Island country to gain independence. Like many of its island neighbours, Samoa gave constitutional recognition to customary laws, recognising ‘any custom or usage which has acquired the