Customary Law and the Bill of Rights Flashcards
what is ACL the subject of
an intense struggle between indigenous african norms and imposed colonial law in sub saharan africa
why is ACL part of a global cultural revolution
previous situations of racism, patriarchy, discrimination and inequality are now succumbing to the new globalist values of equality, human dignity and wealth distribution
state laws are inseparable from …
socioeconomic changes brought by colonial rule to the African continent
what is the context of the relationship between ACL and the BoR
ACL is subject to the constitution which permeates every aspect of life in africa even though indigenous laws predate state laws
what is the universalism of human rights
the idea that human rights derive from an individual’s humanity
what is universalism deeply tainted by
a legal history which reveals how stronger societies have historically overpowered and dominated weaker societies.
how did Africa adopt universalism
After colonialism and WW2 , nations gladly embraced int human rights treaties. So Africa adopted Europe’s cultural values as human rights. Wherever IAL values conflicted, universalism prevailed.
what is cultural relativism
idea that a person’s worldview should be exempt from legitimate criticism by outsiders because it can only be understood from the perspective of the holder’s own culture rather than the perspective of outsiders.
what are the two types of cultural relativism
strong cultural relativism and weak cultural relativism
what is strong cultural relativism
culture is the principle source of the validity of a moral rule - universality can only serve as a minor check on how customary law rights are enjoyed
what is weak cultural relativism
recognise a comprehensive set of prima facie universal human rights allowing only limited local variations and exceptions to those rights
