M5 T4 Law in Africa Flashcards
Which three phases can the law in Africa be divided into?
- Traditional consuetudinary law
- The colonization stage
- Current independent countries
Is the degree of compliance with the law in Africa considered to be at the same level as in Europe?
no, but is expected to rise as social and economic structures improve
Which source forms the basis of the African legal system?
Customary law as it was natural for people to live as their ancestors
Why can we not talk about common customary law in Africa?
It varies from different tribes and ethnicities due to structure of society and religion.
What is a common theme for customary law in Africa?
The Social Order. Custom and usage is integrated into the structure of the universe and spirits ensure that it is obeyed.
Three general features
- Static conception of the world
- Community is held higher than the individual. Little room for subjective laws.
- Difficulty in distinguishing legal obligations from moral duties
When was the traditional government of custom and usage disrupted?
in the 19th century by the Colonisation of Africa by European nations
Which two transformations happened in Africa under colonial powers?
- Western law came to regulate matters arising in the journey towards a more modern civilization.
- indigenous Customary law evolved into certain rules that the colonizing powers did not deem to be sufficiently civilized
Which legal systems came to govern Africa during colonial times?
Continental law and Common law
What was the most drastic change that colonization brought to Africa?
the organizational structure of communities that the African were not ready to receive
What happened to European laws after decolonization?
Independent countries accepted and confirmed these laws into their systems
Why has it been difficult to rehabilitate the ancestral customs and traditional African values?
They are not compatible with the individualistic and rigid western system
What is the nature of most African political systems?
Presidential regimes and single-party dictatorships
What is the nature of the Judicial system?
customary tribunals have been abolished or incorporated as special courts into the modern judicial system
Is codification practiced in Africa?
Yes, bot those subject to the legacy of continental European law and those that inherited the Anglo-American tradition.
