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9 - The Future of Customary Law in Ghana

Published online by Cambridge University Press:  05 February 2012

By
Joseph B. Akamba  and
Isidore Kwadwo Tufuor
Edited by
Jeanmarie Fenrich ,
Paolo Galizzi  and
Tracy E. Higgins
Joseph B. Akamba
Affiliation:
Court of Appeal of Ghana
Isidore Kwadwo Tufuor
Affiliation:
Law School of the Ghana Institute for Management and Public Administration (GIMPA), Ghana.
Jeanmarie Fenrich
Affiliation:
School of Law, Fordham University, United States of America
Paolo Galizzi
Affiliation:
School of Law, Fordham University, United States of America
Tracy E. Higgins
Affiliation:
School of Law, Fordham University, United States of America
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Summary

Introduction

Customary law in contemporary Ghanaian society has undergone tremendous transformation. Its evolution has been necessitated by the need to adapt to modern development trends and join in the globalization movement. The Ghanaian legal system is characterized by the duality of applicable norms: It straddles customary law on the one side and statutory and common law on the other. The system has witnessed a sort of friction between these operative sources in the bid to institutionalize a single and coherent framework of law. The consequential exchanges thereof have been targeted at the attainment and configuration of a comprehensive system of law within Ghana and a refinement of the customary rules and practices in their adaptation to and participation in the concept of law in aid of the country’s development.

Type
Chapter
Information
The Future of African Customary Law , pp. 202 - 224
Publisher: Cambridge University Press
Print publication year: 2011

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References

Ogwurike, CharlesThe Source and Authority of African Customary Law 3 U. Ghana L.J11 1966Google Scholar
Ekow-Daniels, W.C.Development of Customary Law 18 Rev. Ghana L.68 1991Google Scholar
Davies, Julie A.Dagbanja, Dominic N.The Role and Future of Customary Tort Law in Ghana: A Cross Cultural Perspective 26 Ariz. J. Int’l & Comp. L303 2009Google Scholar
Denning, LordForeword 1 J. Afr. L1 1957CrossRefGoogle Scholar
Acquah, G. K.Customary Offences and the Courts 18 Rev. Ghana L36 1991Google Scholar
Bimpong-Buta, Seth YeboaSources of Law in Ghana 15 Rev. Ghana L129 1983Google Scholar
Oti, Adinkrah KofiEssentials of a Customary Marriage: A New Approach 12 Rev. Ghana. L.40 1980Google Scholar

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