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18 - Customary Law, Gender Equality, and the Family

The Promise and Limits of a Choice Paradigm

Published online by Cambridge University Press:  05 February 2012

Tracy E. Higgins
Affiliation:
Fordham Law School
Jeanmarie Fenrich
Affiliation:
Fordham Law School
Jeanmarie Fenrich
Affiliation:
School of Law, Fordham University, United States of America
Paolo Galizzi
Affiliation:
School of Law, Fordham University, United States of America
Tracy E. Higgins
Affiliation:
School of Law, Fordham University, United States of America
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Summary

Introduction

The legal regulation of the family under customary law is characterized by complexity within particular traditional legal systems and by diversity across the wider range of such systems within Africa. Customary law may determine the rights and obligations of spouses, the terms of marriage formation and dissolution, the implications of marriage for family membership, parental rights and obligations regarding children, custody of children upon marital dissolution, land acquisition, ownership and inheritance, and often governance structures within the community. Virtually all of these legal norms have implications for gender equality.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2011

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References

French, JeanmarieHiggins, TracyPromise Unfulfilled: Law, Culture, and Women’s Inheritance Rights in Ghana 25 Fordham Int’l L. J259 2001Google Scholar
Stark, BarbaraWhen Globalization Hits Home: International Family Law Comes of Age 39 Vand. J. Transnat’l L1551 2006Google Scholar
Frémont, JacquesLegal Pluralism, Customary Law and Human Rights in Francophone African Countries 40 Vict. U. Wellington L. Rev149 2009Google Scholar
Merry, Sally EngleLegal Pluralism 22 Law & Soc’y Rev869 1988CrossRefGoogle Scholar
Bond, Johanna E.Constitutional Exclusion and Gender in Commonwealth Africa 31 Fordham Int’l L. J289 2008Google Scholar
Kuenyehia, AkuaMarriage, and Intestate Succession in the Context of Legal Pluralism in Africa 40 U.C. Davis L. Rev385 2006Google Scholar
Ertman, Martha M.Marriage as a Trade: Bridging the Private/Private Distinction 36 Harv. C.R.-C.L. L. Rev79 2001Google Scholar
Singer, Jana B.The Privatization of Family Law 1992 Wis. L. Rev1443 1992Google Scholar
Higgins, TracyReviving the Public/Private Distinction in Feminist Theorizing 75 Chi.-Kent L. Rev847 2000Google Scholar
MacKinnon, Catharine A.Reflections on Sex Equality Under Law 100 Yale L.J.1281 1991CrossRefGoogle Scholar
Gardner, Tiffany M. McKinneyThe Commodification of Women’s Work: Theorizing the Advancement of African Women 13 Buff. Hum. Rts. L. Rev33 2007Google Scholar
Pruitt, Lisa R.Migration, Development, and the Promise of CEDAW for Rural Women 30 Mich. J. Int’l L707 2009Google Scholar
Kuenyehia, AkuaOfei-Aboagye, EstherFamily Law in Ghana and Its Implications for Women inWomen and Law in West Africa: Situational Analysis of Some Key Issues Affecting Women26 1998Google Scholar
Higgins, Tracy E.Fenrich, JeanmarieTanzer, ZionaGender Equality and Customary Marriage: Bargaining in the Shadow of Post-Apartheid Legal Pluralism 30 Fordham Int’l L. J1653 2007Google Scholar

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