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.
East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. Uniquely, the book also provides a systematic comparison with EU law. EU companion chapters provide concise overviews of EU law and its development, offering valuable inspiration for the application and further development of EAC law. The book has been written for all practitioners, judges, civil servants, academics and students faced with questions of EAC law. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.
In the digital era, many African countries sit at the crossroads of a potential future that will be shaped by digital-era technologies with existing laws and institutions constructed under conditions of colonial and post-colonial authoritarian rule. In Disrupting Africa, Olufunmilayo B. Arewa examines this intersection and shows how it encompasses existing and new zones of contestation based on ethnicity, religion, region, age, and other sources of division. Arewa highlights specific collisions between the old and the new, including in the 2020 #EndSARS protests in Nigeria, which involved young people engaging with varied digital era technologies who provoked a violent response from rulers threatened by the prospect of political change. In this groundbreaking work, Arewa demonstrates how lawmaking and legal processes during and after colonialism continue to frame contexts in which digital technologies are created, implemented, regulated, and used in Africa today.
This book makes life unusually easy for anyone who wants to know about African indigenous laws, and seeks to encourage further research into the laws that regulate the lives of millions of Africans. For, in spite of colonialism, military decrees and the authoritative modernity of state civil or common law, African indigenous laws have not fallen into abeyance. African indigenous laws, like Roman law before Justinian codification, was mos maiorum, the path of the ancestors. Accordingly, Roman law, English common law and African indigenous law are the great legal creation of pagan human beings whereas other ancient systems of laws such as Judaism, Sharia, Hindu, Adat laws, were religious in origin. The Bibliography ranges widely over topics as diverse as cultural property, coups d'etat and the plunder of antiquities, to formalities of marriage, child betrothal, divorce, sororate marriage, levirate marriage, to succession and inheritance, oral will, and administration of the estate. A word of warning to all those who normally skip reading Prefaces: the two here, one by Professor Antony Allott, the other by Professor Manfred Hinz, are essential reading. And as Professor Hinz writes: this bibliography 'is an indispensable tool for all who are in one way or the other concerned with customary law, as lecturer, researcher, law applier and law reformer....' This unusual bibliography crosses boundaries of countries and disciplines. It will be an invaluable aid to many different lines of research.
Drawing on a multitude of sources online and offline, in A Bibliography of Islamic Criminal Law Olaf Köndgen offers the most extensive bibliography on Islamic criminal law ever compiled.
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.
This book challenges the central assumption of the law of territory by establishing that uti possidetis is not a general principle of law, and arguing that African customary rules were generated. It includes in-depth coverage of African secession, with issues of human rights law, self-determination and political science presented in a new light.
