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This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. It 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.
Since the publication of the first edition of this book in 1977, Africa has established itself as the most popular introductory text for African studies courses in North America. This third edition has been completely revised and brought up to date since the 1986 edition, reflecting changes in African society and politics, and in the scholarship available on this vast and complex continent. Contents I. Introduction 1. Africa: Problems and Perspectives. Phyllis M. Martin and Patrick O'Meara 2. The Contemporary Map of Africa. Michael L. McNulty II. The African Past 3. Prehistoric Africa. Kathy D. Schick 4. Aspects of Early African History. John Lamphear and Toyin Falola 5. Islam and African So...
In this book Charles Mwalimu explores viable grassroots representation mechanisms in African constitutions in order to positively integrate indigenous and modern systems in Sub-Saharan Africa. A comparative study method is used to examine the constitutional principles of chieftaincy and local government and their impact on human rights. To establish and prove lack of positive integration Mwalimu connects this failure to poor constitutionalism, development and stultified growth and human rights violations. This book proposes remedial actions to build nondiscriminatory constitutional regimes eradicating violations of human rights.
This book takes a comparative law perspective and proposes a new approach for researching law in Africa. Western theoretical perspectives in comparative law are too Eurocentric to fully catch the peculiarities and characteristics of the African “lawscape”—in short, they are inadequate for studying African law. In this book, Professor Salvatore Mancuso considers the law in Africa from a different perspective. Deeply rooted in the culture of the African people, this approach considers African legal culture with the same legitimacy as Western legal culture, setting a precedent for future policy-making decisions relating to legislative development in Africa.
Do modern Western ideas about the nature of conflict and its resolution apply to Africa? To answer this question, Adda Bozeman examines conflict in Africa south of the Sahara in its many social, political, and cultural aspects, past and present. The author shows how African perspectives on war and diplomacy have evolved under the influence of nonliteracy, tribalism, and a concept of undifferentiated time. In addition, she confirms that indigenous cultural traditions are resurgent everywhere, making it unlikely that African political values will become more closely aligned with those of the West. The two civilizations view conflict differently and have different ways of resolving it. The Afri...
3.6. Land Use Act
'Human Rights and Legal Pluralism' opens with an article on how to integrate human rights into customary and religious legal systems generally before looking at a 'tribal' women's forum in South Rajastan, customary justice in Sierra Leone, indigenous justice systems in Latin America and deep legal pluralism in South Africa.