The future of African customary law / edited by Jeanmarie Fenrich, Paolo Galizzi, Tracy E. Higgins.

Format:

Book

Contributor:

Fenrich, Jeanmarie, editor.

Galizzi, Paolo, editor.

Higgins, Tracy E., editor.

Language:

English

Subjects (All):

Customary law--Africa.

Customary law.

Africa.

Physical Description:

1 online resource (xvii, 544 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2011.

System Details:

text file

PDF

Summary:

Customary laws and traditional institutions in Africa constitute comprehensive legal systems that regulate the entire spectrum of activities from birth to death. Once the sole source of law, customary rules now exist in the context of pluralist legal systems with competing bodies of domestic constitutional law, statutory law, common law and international human rights treaties. This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. The volume 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. It also addresses a number of substantive areas of customary law including the role and power of traditional authorities; customary criminal law; customary land tenure, property rights and intestate succession; and the relationship between customary law, human rights and gender equality.

Contents:

A survey of customary laws in Africa in search of lessons for the future / Gordon R. Woodman

The future of living customary law in African legal systems in the twenty-first century and beyond, with special reference to South Africa / Chuma Himonga

The future of customary law in Africa / Abdulmumini A. Oba

The quest for customary law in African state courts / Janine Ubink

The withering province of customary law in Kenya : a case of design or indifference? / George Otieno Ochich

Putting old wine in new wine skins : the customary code of Lerotholi and justice administration in Lesotho / Laurence Juma

Traditional authorities : custodians of customary law development? / Manfred O. Hinz

Engaging legal dualism : paralegal organizations and customary law in Sierra Leone and Liberia / Chi Mgbako and Kristina Scurry Baehr

The future of customary law in Ghana / Joseph B. Akamba and Isidore Kwadwo Tufuor

Traditional courts in South Africa in the twenty-first century / Digby Sqhelo Koyana

Customary law and chieftainship in twenty-first century Botswana / Wazha G. Morapedi

Traditional institutions and governance in modern African democracies : history, challenges, and opportunities in Ghana / Ernest Kofi Abotsi and Paolo Galizzi

Entrapment or freedom : enforcing customary property rights regimes in common-law Africa / Sandra F. Joireman

Romancing customary tenure : challenges and prospects for the neo-liberal suitor / Janet L. Banda

Reform of the South African customary law of succession : final nails in the customary law coffin? / Christa Rautenbach and Willemien du Plessis

Customary crinimal law in the South African legal system / Thomas W. Bennett

Gacaca in Rwanda : customary law in case of genocide / Roelof H. Haveman

Customary law, gender equality, and the family : the promise and limits of a choice paradigm / Tracy E. Higgins and Jeanmarie Fenrich

African customary law and women's human rights in Uganda / Ben Kiromba Twinomugisha

Women's rights, customary law and the promise of the protocol on the rights of women in Africa / Johanna E. Bond

From contemporary African customary laws to indigenous African law : identifying ancient African human rights and good governance sensitive principles as a tool to promote culturally meaningful socio-legal reforms / Fatou K. Camara.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9780511844294

Access Restriction:

Restricted for use by site license.