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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.
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.
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