The Future of African Customary Law

The Future of African Customary Law

Author: Jeanmarie Fenrich

Publisher: Cambridge University Press

Published: 2011-07-18

Total Pages: 563

ISBN-13: 1139497820

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This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. It considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form and status from legislation and common law.


African Customary Law

African Customary Law

Author: Casper Njuguna

Publisher: Rowman & Littlefield

Published: 2019-12-02

Total Pages: 89

ISBN-13: 1498584411

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Africa is the emerging continent of the twenty-first century and will continue to play a major role in the world politics and trade. At the center of the African experience is customary law, which remains one of the most important and quintessential forms of legal, political, and social organization and regulation in the sub-Saharan landscape. Using qualitative and quantitative data, Casper Njuguna, sets a framework for understanding the hybrid nature of this law and creates an appropriate new moniker for it—Neo-Autogenous Sub-Saharan Law (NAS law). This systematic and empirical analysis addresses philosophical issues like human rights, property rights, women’s rights, individual rights and freedoms, family relations, social structures, and political loyalties, which span beyond Africa and African scholars.


African Customary Law

African Customary Law

Author: Peter Onyango

Publisher: African Books Collective

Published: 2013

Total Pages: 0

ISBN-13: 9789966031341

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Introduction -- The nature of African customary law -- Nature, characteristics, limits -- Praxis of customary law -- The use of customary law in other systems -- Constitutional analysis of customary law -- Genesis and upheavals of customary law -- Quest for integrated system -- Quest for African jurisprudence -- Determining the future -- Critique -- Protagonist in the primitive law -- Summary and conclusion.


Ideas and Procedures in African Customary Law

Ideas and Procedures in African Customary Law

Author: Max Gluckman

Publisher: Routledge

Published: 2018-08-22

Total Pages: 374

ISBN-13: 9781138596566

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The 18 papers in this volume, originally published in 1969 in English and French, with summaries in the other language, define and analyze in their wider social contexts the fundamental ideas and procedures to be found in African traditional systems of law. They assess the needs and problems of adaptation to changing conditions. The comprehensive introduction by Allott, Epsteina nd Gluckman provides a framework of analysis. It deals with the search for a common terminology in which to analyse and compare the different systems of customary law proceedings and evidence, codification and recording, reason and the occult, the conception of legal personality, succcession and inheritance, land rights, marriage and affiliation, injuries, liability and responsibility.


The State and the Paradox of Customary Law in Africa

The State and the Paradox of Customary Law in Africa

Author: Olaf Zenker

Publisher: Routledge

Published: 2018-02-02

Total Pages: 395

ISBN-13: 1317014790

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Customary law and traditional authorities continue to play highly complex and contested roles in contemporary African states. Reversing the common preoccupation with studying the impact of the post/colonial state on customary regimes, this volume analyses how the interactions between state and non-state normative orders have shaped the everyday practices of the state. It argues that, in their daily work, local officials are confronted with a paradox of customary law: operating under politico-legal pluralism and limited state capacity, bureaucrats must often, paradoxically, deal with custom – even though the form and logic of customary rule is not easily compatible and frequently incommensurable with the form and logic of the state – in order to do their work as a state. Given the self-contradictory nature of this endeavour, officials end up processing, rather than solving, this paradox in multiple, inconsistent and piecemeal ways. Assembling inventive case studies on state-driven land reforms in South Africa and Tanzania, the police in Mozambique, witchcraft in southern Sudan, constitutional reform in South Sudan, Guinea’s long durée of changing state engagements with custom, and hybrid political orders in Somaliland, this volume offers important insights into the divergent strategies used by African officials in handling this paradox of customary law and, somehow, getting their work done.


Customary Law in South Africa

Customary Law in South Africa

Author: T. W. Bennett

Publisher:

Published: 2004

Total Pages: 528

ISBN-13:

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The position of customary law in the South African legal system has been much improved since the enactment of the new Constitution. As a constitutionally protected cultural heritage, customary law now enjoys a status equal to that of Roman-Dutch law. By drawing on a range of materials, both legal and and anthropological, from South Africa and elsewhere in Africa, this book provides a comprehensive account of the major branches of customary law: marriage, divorce, succession, children, courts and procedures, tradtional leadership, land tenure and the conflict of laws. Constant reference is made to the tensions generated by conflict between the Bill of Rights and the African legal tradition. The book also explores the complex nature of customary law, which exists in oral traditions, in codes, precedents and academic texts and, above all, in the system of living norms that regulate the everyday lives of the great majority of South Africans.


African Customary Law in South Africa

African Customary Law in South Africa

Author: I.P. Maithufi

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 0

ISBN-13: 9780199057184

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African Customary Law in South Africa: Post-Apartheid and Living Law Perspectives provides a clear introduction to indigenous law in South Africa. The text provides a structure for understanding the nature and overarching system of customary law, illustrating its distinctness in relation to other areas of law, and exploring the dynamic precepts and values of living customary law. The text suggests an approach which supports harmonisation of customary law precepts and values with the common law and Western constitutional jurisprudence, and offers an authentic, culturally sensitive framework within which contentious issues might be resolved. The text is pedagogically designed to assist learning and the development of academic skills, encouraging readers to develop an approach of independent enquiry and analysis. This text is suited as core course material for students who are studying African Customary Law, Indigenous Law, or Legal Diversity as a module of the LLB degree. It also serves as a useful first reference for scholars who are interested in this field of law, legal practitioners, magistrates and judges. The following teaching resources complement the text, and are available to lecturers, to support teaching and learning: PowerPoint slide presentation Application questions


Law, Custom, and Social Order

Law, Custom, and Social Order

Author: Martin Chanock

Publisher: Heinemann Educational Publishers

Published: 1998

Total Pages: 0

ISBN-13: 9780325000169

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This book explores the historical formation during the colonial period of that part of African law know as customary law.


The Making of South African Legal Culture 1902-1936

The Making of South African Legal Culture 1902-1936

Author: Martin Chanock

Publisher: Cambridge University Press

Published: 2001-03-05

Total Pages: 596

ISBN-13: 9780521791564

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Martin Chanock's illuminating and definitive perspective on that development examines all areas of the law including criminal law and criminology; the Roman-Dutch law; the State's African law; and land, labour and 'rule of law' questions.