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14 results

The Future of African Customary Law
  • The Future of African Customary Law
  • Edited by Jeanmarie Fenrich, Paolo Galizzi, Tracy E. Higgins
  • Published online: 05 February 2012
  • Print publication: 18 July 2011
  • View description
    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.
  • Introduction
  • Edited by Jeanmarie Fenrich, Paolo Galizzi, Tracy E. Higgins
  • Book: The Future of African Customary Law
  • Published online: 05 February 2012
  • Print publication: 18 July 2011, pp 1-6
  • View extract

    Summary

    Pluralism is part of the fabric of legal systems in most, if not all, African countries. The traditional institutions and customary law that regulated ancient civilizations and societies on the African continent have changed over the years to keep pace with historical events and the evolution that the continent has witnessed. Once the sole source of law, customary rules have had to adapt to significant change brought by colonial rule and then decolonization. In addition to customary law, most sub-Saharan African countries are now bound by domestic constitutional law, statutory law, and common law, as well as international and regional human rights treaties.