Skip to content
Open global navigation

Cambridge University Press

AcademicLocation selectorSearch toggleMain navigation toggle
Cart
Register Sign in Wishlist

The Future of African Customary Law

$144.99

  • Editors:
  • Jeanmarie Fenrich, School of Law, Fordham University, United States of America
  • Paolo Galizzi, School of Law, Fordham University, United States of America
  • Tracy E. Higgins, School of Law, Fordham University, United States of America
Gordon R. Woodman, Chuma Himonga, Abdulmumini Oba, Janine Ubink, George O. Otieno Ochich, Laurence Juma, Manfred O. Hinz, Chi Mgbako, Kristina Scurry Baehr, Joseph B. Akamba, Isidore Tufuor, Digby Sqhelo Koyana, Wazha G. Morapedi, Ernest Kofi Abotsi, Paolo Galizzi, Sandra F. Joireman, Janet Chikaya-Banda, Willemien du Plessis, Christa Rautenbach, Thomas Bennett, Roelof H. Haveman, Tracy E. Higgins, Jeanmarie Fenrich, Ben Kiromba Twinomugisha, Johanna Bond, Fatou Kiné Camara
View all contributors
  • Date Published: July 2011
  • availability: In stock
  • format: Hardback
  • isbn: 9780521118538
Average user rating
(1 review)

$144.99
Hardback

Add to cart Add to wishlist

Other available formats:
Paperback, eBook


Looking for an examination copy?

If you are interested in the title for your course we can consider offering an examination copy. To register your interest please contact collegesales@cambridge.org providing details of the course you are teaching.

Description
Product filter button
Description
Contents
Resources
Courses
About the Authors
  • 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.

    • Promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa
    • Addresses the status and role of customary law across the African continent and utilizes comparative analysis
    • Presents a reappraisal of the scholarship from the last 50 years of prevailing colonial attitudes in Africa written by experts and regional scholars
    Read more

    Customer reviews

    13th Oct 2013 by Mojelak1

    This book is indispensable for the training of law students at period in African history where society is voluntarily embracing indigenous cultures as well as Western and other non Western cultures. It is very commendable that the codification of custom and customary law is addressed, because this issue is closely linked to the nature of customary law and its association with day to day social practices.

    Review was not posted due to profanity

    ×

    , create a review

    (If you're not , sign out)

    Please enter the right captcha value
    Please enter a star rating.
    Your review must be a minimum of 12 words.

    How do you rate this item?

    ×

    Product details

    • Date Published: July 2011
    • format: Hardback
    • isbn: 9780521118538
    • length: 562 pages
    • dimensions: 234 x 160 x 32 mm
    • weight: 0.9kg
    • contains: 1 table
    • availability: In stock
  • Table of Contents

    Part I. The Nature and Future of Customary Law:
    1. A survey of customary laws in Africa in search of lessons for the future Gordon R. Woodman
    2. The living customary law in African legal systems: where to now? Chuma Himonga
    3. The future of customary law in Africa Abdulmumini Oba
    Part II. Ascertainment, Application and Codification of Customary Law:
    4. The quest for customary law Janine Ubink
    5. The withering province of customary law in Kenya: a case of design or indifference George O. Otieno Ochich
    6. The 'code of Lerotholi': using custom as an instrument of social and political control in Lesotho Laurence Juma
    7. Traditional authorities: custodians of customary law development? Manfred O. Hinz
    8. Engaging legal dualism: paralegal organizations and customary law in Sierra Leone and Liberia Chi Mgbako and Kristina Scurry Baehr
    9. The future of customary law in Ghana Joseph B. Akamba and Isidore Tufuor
    Part III. The Role and Power of Traditional Authorities:
    10. Traditional courts in the 21st century Digby Sqhelo Koyana
    11. Demise or resilience: customary law and chieftainship in Botswana in the 21st century Wazha G. Morapedi
    12. Traditional leadership and governance in modern Ghana: challenges, problems and opportunities Ernest Kofi Abotsi and Paolo Galizzi
    Part IV. Customary Land, Property Rights and Succession:
    13. Entrapment or freedom: enforcing customary property rights regimes in common law Africa Sandra F. Joireman
    14. Romancing customary land tenure: the neo-liberal suitor wooing the shadow Janet Chikaya-Banda
    15. Reform of customary law of inheritance and succession: the final nail in the customary law of inheritance and succession coffin? Willemien du Plessis and Christa Rautenbach
    Part V. Customary Criminal Law:
    16. State systems of criminal justice and customary law crimes Thomas Bennett
    17. Gacaca in Rwanda: customary law in case of genocide Roelof H. Haveman
    Part VI. Customary Law, Human Rights and Gender Equality:
    18. Customary law, gender equality, and the family: the promise and limits of a choice paradigm Tracy E. Higgins and Jeanmarie Fenrich
    19. African customary law and women's human rights in Uganda Ben Kiromba Twinomugisha
    20. Women's rights, customary law and the promise of the protocol on the rights of women in Africa Johanna Bond
    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 Fatou Kiné Camara.

  • Editors

    Jeanmarie Fenrich, School of Law, Fordham University, United States of America
    Jeanmarie Fenrich is the Director of Special Projects in Africa for the Leitner Center for International Law and Justice at Fordham Law School in New York. She graduated magna cum laude from Fordham Law School, where she served as Editor-in-Chief of the Fordham Law Review. She has conducted field research and authored publications on issues related to domestic violence, discrimination faced by women with HIV/AIDS, women's property rights, and women in customary law marriage under domestic and international human rights law

    Paolo Galizzi, School of Law, Fordham University, United States of America
    Paolo Galizzi is Clinical Associate Professor of Law and Director of the Sustainable Development Legal Initiative (SDLI) at the Leitner Center for International Law and Justice at Fordham Law School. He previously held academic positions at Imperial College London and the Universities of Nottingham, Verona, and Milan. Professor Galizzi's research interests lie in international law, environmental law, and law of sustainable development, and he has published extensively in these areas.

    Tracy E. Higgins, School of Law, Fordham University, United States of America
    Tracy Higgins co-founded the Leitner Center for International Law and Justice at Fordham Law School where she is a co-director and a law professor. She is a former editor of the Harvard Law Review and a Women's Law and Public Policy Fellow and an Adjunct Professor at Georgetown University Law Center. Higgins has published numerous academic articles focusing on feminist jurisprudence, international human rights, and constitutional law in many of the nation's leading law journals.

    Contributors

    Gordon R. Woodman, Chuma Himonga, Abdulmumini Oba, Janine Ubink, George O. Otieno Ochich, Laurence Juma, Manfred O. Hinz, Chi Mgbako, Kristina Scurry Baehr, Joseph B. Akamba, Isidore Tufuor, Digby Sqhelo Koyana, Wazha G. Morapedi, Ernest Kofi Abotsi, Paolo Galizzi, Sandra F. Joireman, Janet Chikaya-Banda, Willemien du Plessis, Christa Rautenbach, Thomas Bennett, Roelof H. Haveman, Tracy E. Higgins, Jeanmarie Fenrich, Ben Kiromba Twinomugisha, Johanna Bond, Fatou Kiné Camara

Sign In

Please sign in to access your account

Cancel

Not already registered? Create an account now. ×

Sorry, this resource is locked

Please register or sign in to request access. If you are having problems accessing these resources please email cflack@cambridge.org

Register Sign in
Please note that this file is password protected. You will be asked to input your password on the next screen.

» Proceed

You are now leaving the Cambridge University Press website, your eBook purchase and download will be completed by our partner www.ebooks.com. Please see the permission section of the www.ebooks.com catalogue page for details of the print & copy limits on our eBooks.

Continue ×

Continue ×

Find content that relates to you

© Cambridge University Press 2014

Back to top

Are you sure you want to delete your account?

This cannot be undone.

Cancel Delete

Thank you for your feedback which will help us improve our service.

If you requested a response, we will make sure to get back to you shortly.

×
Please fill in the required fields in your feedback submission.
×