| Description |
1 online resource (564 pages) |
|
text file |
| Contents |
Cover; THE FUTURE OF AFRICAN CUSTOMARY LAW; Title; Copyright; Contents; Notes on Contributors; Acknowledgments; THE FUTURE OF AFRICAN CUSTOMARY LAW; Introduction; PART ONE The Nature and Future of Customary Law; 1 A Survey of Customary Laws in Africa in Search of Lessons for the Future; 1.1. INTRODUCTION; 1.2. IDENTIFICATION OF THE SUBJECT MATTER; 1.3. CHARACTERISTICS OF CUSTOMARY LAWS; 1.3.1. Customary Laws Reflect and Tend to Sustain Inequalities in the Social Order of Their Communities; 1.3.2. Customary Laws Are Complex Bodies of Norms That Have Different Degrees of Mandatory Force. |
|
1.3.3. Customary Laws Constantly Change1.3.4. Parts of a Customary Law Are Often Uncertain and Objects of Controversy; 1.4. THE LEGAL CONTEXT OF THE ROLE OF CUSTOMARY LAWS TODAY; 1.5. CONCLUSIONS FOR THE TWENTY-FIRST CENTURY; 1.5.1. Policies of State Agents; 1.5.2. A Final Note: Policies of Civil Society; 2 The Future of Living Customary Law in African Legal Systems in the Twenty-First Century and Beyond, with Special Reference to South Africa; 2.1. INTRODUCTION; 2.2. THE CONCEPTS OF OFFICIAL CUSTOMARY LAW AND LIVING CUSTOMARY LAW; 2.3. "INDICATORS" OF LIVING CUSTOMARY LAW'S STATUS AND FUTURE. |
|
2.3.1. The Toning Down of the Legal Theoretical Debates about the Idea of Living Customary Law2.3.2. The Recognition of Living Customary Law; 2.3.2.1. The Manifestation of Living Customary Law in Constitutional Law; 2.3.2.2. Manifestation of Living Customary Law in South African Court Decisions; 2.3.3. Living Customary Law's Potential to Protect Human Rights; 2.4. JUDICIAL ENGAGEMENT WITH THE ASCERTAINMENT AND PROOF OF LIVING CUSTOMARY LAW; 2.4.1. The Traditions and Past Practices of the Community Concerned; 2.4.2. Respect for the Right of "Customary" Communities to Develop Their Law. |
|
2.4.3. Balancing Community Rights with Legal Certainty and Protection of Rights2.5. CONCLUSION: THE CHALLENGES ARISING FROM THE PROMINENCE OF LIVING CUSTOMARY LAW; 3 The Future of Customary Law in Africa; 3.1. INTRODUCTION; 3.2. THE NATURE OF CUSTOMARY LAW; 3.3. CUSTOMARY LAW IN THE COLONIAL ERA; 3.3.1. Arbitrary Nature of Legal Jurisdictions; 3.3.2. Displacement and Relegation of Customary Law; 3.3.3. Relegation of Traditional Adjudicating Bodies; 3.3.4. Transformation or Invention of Customary Law; 3.3.5. Avenues for Opting Out of the Customary Law System. |
|
3.4. CUSTOMARY LAW IN THE POST-COLONIAL ERA3.4.1. Legal Pluralism; 3.4.2. State Control over Customary Courts; 3.4.3. Attitude of Lawyers/Legal Education; 3.4.4. Emergence of Written Constitutions in Most African Countries; 3.5. FUNDAMENTAL CHANGES IN AFRICAN SOCIETY AND WORLDVIEWS; 3.5.1. Loss of Supremacy of the African Traditional Institutions; 3.5.2. Social, Economic, and Political Changes; 3.5.3. Changes in the Magico-Religious Belief; 3.5.4. The Rise of New African Elites; 3.5.5. External Socio-Cultural Influences; 3.6. PROSPECTS OF CUSTOMARY LAW. |
| Note |
3.6.1. Survival of Some Customary Law Norms as Unofficial Law. |
| Summary |
The Future of African Customary Law is intended to promote discussion and understanding of customary law and to explore its continued relevance in sub-Saharan Africa. |
| Bibliography |
Includes bibliographical references and index. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Customary law -- Africa.
|
|
Customary law. |
|
Africa. |
| Genre/Form |
Electronic books.
|
| Added Author |
Galizzi, Paolo.
|
|
Higgins, Tracy.
|
| Other Form: |
Print version: Fenrich, Jeanmarie. Future of African Customary Law. Cambridge : Cambridge University Press, ©2011 9780521118538 |
| ISBN |
9781139100724 |
|
1139100726 |
|
9781139101387 (electronic book) |
|
1139101382 (electronic book) |
|
9780511844294 (electronic book) |
|
0511844298 (electronic book) |
|
9780521118538 |
|
0521118530 |
|
9781139099363 |
|
