The future of African customary law / [edited by] Jeanmarie Fenrich, Paolo Galizzi, Tracy Higgins.
2011
KQC99 .F88 2011 (Map It)
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Title
The future of African customary law / [edited by] Jeanmarie Fenrich, Paolo Galizzi, Tracy Higgins.
Published
Cambridge ; New York : Cambridge University Press, [2011]
Copyright
©2011
Call Number
KQC99 .F88 2011
ISBN
9780521118538 (hbk. : alk. paper)
0521118530 (hbk. : alk. paper)
0521118530 (hbk. : alk. paper)
Description
xvii, 544 pages ; 24 cm
System Control No.
(OCoLC)697036830
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. 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. This 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"--Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the African Law Center Fund
Added Author
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the African Law Center Fund
Table of Contents
Notes on Contributors
ix
Acknowledgments
xvii
Introduction / Tracy E. Higgins
1
pt. ONE
THE NATURE AND FUTURE OF CUSTOMARY LAW
1.
A Survey of Customary Laws in Africa in Search of Lessons for the Future / Cordon R. Woodman
9
2.
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
31
3.
The Future of Customary Law in Africa / Abdulmumini A. Oba
58
pt. TWO
ASCERTAINMENT, APPLICATION, AND CODIFICATION OF CUSTOMARY LAW
4.
The Quest for Customary Law in African State Courts / Janine Ubink
83
5.
The Withering Province of Customary Law in Kenya: A Case of Design or Indifference? / George Otieno Ochich
103
6.
Putting Old Wine in New Wine Skins: The Customary Code of Lerotholi and Justice Administration in Lesotho / Laurence Juma
129
7.
Traditional Authorities: Custodians of Customary Law Development? / Manfred O. Hinz
153
8.
Engaging Legal Dualism: Paralegal Organizations and Customary Law in Sierra Leone and Liberia / Kristina Scurry Baehr
170
9.
The Future of Customary Law in Ghana / Isidore Kwadwo Tufuor
202
pt. THREE
THE ROLE AND POWER OF TRADITIONAL AUTHORITIES
10.
Traditional Courts in South Africa in the Twenty-First Century / Digby Sqhelo Koyana
227
11.
Customary Law and Chieftainship in Twenty-First-Century Botswana / Wazha G. Morapedi
247
12.
Traditional Institutions and Governance in Modern African Democracies: History, Challenges, and Opportunities in Ghana / Paolo Galizzi
266
pt. FOUR
CUSTOMARY LAND, PROPERTY RIGHTS, AND SUCCESSION
13.
Entrapment or Freedom: Enforcing Customary Property Rights Regimes in Common-Law Africa / Sandra F. Joireman
295
14.
Romancing Customary Tenure: Challenges and Prospects for the Neo-Liberal Suitor / Janet L. Banda
312
15.
Reform of the South African Customary Law of Succession: Final Nails in the Customary Law Coffin? / Willemien du Plessis
336
pt. FIVE
CUSTOMARY CRIMINAL LAW
16.
Customary Criminal Law in the South African Legal System / Thomas W. Bennett
363
17.
Gacaca in Rwanda: Customary Law in Case of Genocide / Roelof H. Haveman
387
pt. SIX
CUSTOMARY LAW, HUMAN RIGHTS, AND GENDER EQUALITY
18.
Customary Law, Gender Equality, and the Family: The Promise and Limits of a Choice Paradigm / Jeanmarie Fenrich
423
19.
African Customary Law and Women's Human Rights in Uganda / Dr. Ben Kiromba Twinomugisha
446
20.
Women's Rights, Customary Law, and the Promise of the Protocol on the Rights of Women in Africa / Johanna E. Bond
467
21.
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 / Dr. Fatou K. Camara
494
Index
517