| |
|
|
|
|
|
|
|
|
1. |
Record Nr. |
UNINA9910464196003321 |
|
|
Autore |
Onyango Peter |
|
|
Titolo |
African customary law : an introduction / / Peter Onyango |
|
|
|
|
|
Pubbl/distr/stampa |
|
|
Nairobi, Kenya ; ; Kampala, Uganda : , : LawAfrica, , 2013 |
|
©2013 |
|
|
|
|
|
|
|
|
|
ISBN |
|
|
|
|
|
|
Descrizione fisica |
|
1 online resource (206 p.) |
|
|
|
|
|
|
Disciplina |
|
|
|
|
|
|
Soggetti |
|
Customary law - Africa |
Electronic books. |
|
|
|
|
|
|
|
|
Lingua di pubblicazione |
|
|
|
|
|
|
Formato |
Materiale a stampa |
|
|
|
|
|
Livello bibliografico |
Monografia |
|
|
|
|
|
Note generali |
|
Description based upon print version of record. |
|
|
|
|
|
|
Nota di bibliografia |
|
Includes bibliographical references. |
|
|
|
|
|
|
Nota di contenuto |
|
Cover; Title page; Copyright page; Contents; ACKNOWLEDGEMENT; PREFACE; TABLE OF CASES; TABLE OF STATUTES; INTRODUCTION; THE STUDY OF CUSTOMARY LAW JUSTIFIED; SCOPE AND AIM; METHODOLOGY AND APPROACH; CHAPTER ONE -THE NATURE OF AFRICAN CUSTOMARY LAW; 1.1 INTRODUCTION; 1.2 DEFINITION; 1.3 SUBJECTIVITY AND OBJECTIVITY OF THE LAW; 1.4 DEFINITION FROM OTHER SCHOLARS; 1.5 DEFINITION OF CUSTOMARY LAW; 1.6 SYSTEM; 1.7 LEGAL ETHNOGRAPHERS AND ANTHROPOLOGISTS; CHAPTER TWO -NATURE, CHARACTERISTICS, LIMITS; 2.1 INTRODUCTION; 2.2 CUSTOMARY RULES AND PRACTICES; 2.3 CHARACTERISTICS |
2.4 CONTEXTUALIZATION AND DIVERSITIES2.6 SCARCE BACK-UP AND LOW SUPPORTIVE POLITICAL WILL; 2.7 LACK OF BARGAIN POWER; 2.8 INCONSISTENCY PRINCIPLE; 2.9 REPUGNANCY PRINCIPLE; 2.10 RELIABILITY; 2.11 ORAL FORM IN THE JUDICIAL TRADITIONS; 2.12 CIVILIZATION CHALLENGE; 2.13 PROXIMITY; 2.14 SOURCES OF LAW; CHAPTER THREE -PRAXIS OF CUSTOMARY LAW; 3.1 INTRODUCTION; 3.2 KENYA; 3.3 ETHIOPIA; 3.4 SOMALIA; 3.5 NIGERIA; 3.6 GHANA; 3.7 SOUTH AFRICA; CHAPTER FOUR - THE USE OF CUSTOMARY LAW IN OTHER SYSTEMS; 4.1 INTRODUCTION; 4.2 BRITISH EXPERIENCE; 4.3 ROMAN EXPERIENCE; 4.4 INDIAN EXPERIENCE |
CHAPTER FIVE -CONSTITUTIONAL ANALYSIS OF CUSTOMARY LAW5.1 OLD CONSTITUTION; 5.2 NEW CONSTITUTION; 5.3 JUDICATURE ACT OF 1967; 5.4 THE QUESTION OF RANK; 5.5 APPLICABILITY OF CUSTOMARY |
|
|
|
|
|
|
|
|
|
|
|
LAW; CHAPTER SIX - GENESIS AND UPHEAVALS OF THE CUSTOMARY LAW; 6.1 INTRODUCTION; 6.2 BRITISH COLONIAL RULINGS (ORDINANCES); 6.3 FALL AND RISE OF AFRICAN CUSTOMARY LAW; 6.4 PRIORITIZING AFRICAN CUSTOMARY LAW; 6.4.1 Background Study of Facts; 6.4.2 Islamic Marriage and Divorce; 6.4.3 Hindu Marriage and Divorce; 6.5 REVIVING AFRICAN TRADITION COURTS; 6.6 ABOLISHING AFRICAN COURTS |
6.7 QUALIFYING THE ROLE OF THE CHIEF AT AFRICAN CUSTOMARY LAWCHAPTER SEVEN -QUEST FOR INTEGRATED SYSTEM; 7.1 INTRODUCTION; 7.2 CONFLICT OF LAWS; 7.3 DEVELOPMENT OF MARRIAGE LAW; 7.4 DIVORCE AND INHERITANCE LAW; 7.5 LAW OF SUCCESSION; 7.6 LAND LAW; 7.7 SCHOLARLY EVALUATION OF THE INTEGRATED SYSTEM; 7.8 MORE ON SUCCESSION; 7.9 LAWS OF INHERITANCE IN KENYA; 7.10 UNIFORM CUSTOMARY LAW; CHAPTER EIGHT - QUEST FOR AFRICAN JURISPRUDENCE; 8.1 INTRODUCTION; 8.2 THE ROADMAP FOR AFRICA; 8.3 UBUNTU CONCEPT; 8.4 LINGUISTIC CHALLENGE; 8.5 IMPEDIMENTS TOWARDS THE INTEGRATED SYSTEM; 8.6 COLONIAL LEGACY |
CHAPTER NINE - DETERMINING THE FUTURE9.1 INTRODUCTION; 9.2 DEALING WITH AUTHENTICITY ISSUE; 9.3 THE DILEMMA; 9.4 INTRIGUING QUESTIONS; 9.4.1 Witchcraft; 9.4.2 Female Circumcision among some Tribes; 9.4.3 Dowry Law; 9.4.4 Bill On Dowry In Kenya; 9.5 LEGAL PRAGMATISM; CHAPTER TEN - CRITIQUES; 10.1 INTRODUCTION; 10.2 LACK OF CONFIDENCE IN THE COURT; 10.2.1 Rwandan Experience; 10.2.2 Kangaroo Court - Kenyan Experience; 10.3 THE FATE OF CUSTOMARY COURT; 10.3.1 Ghanian Experience; 10.3.2 Kenyan Experience; 10.3.3 Ugandan Experience; 10.4 PUNISHMENT IN CUSTOMARY LAW |
10.5 THE PERSPECTIVE OF INTERNATIONAL JUSTICE SYSTEM |
|
|
|
|
|
|
Sommario/riassunto |
|
The author is a Don at the School of Law, University of Nairobi Kenya and a development consultant with various NGOs and other international bodies in Eastern Africa region and Italy. He is a researcher and writer of articles and texts on matters concerning law and culture. Dr. Onyango is an expert in modern legal science with wide knowledge of law ranging from comparative legal system, international public law, ethics, philosophy, theology, sociology, mass media and social realities today. He is currently teaching Social Foundations of Law, Customary Law, International Public Law and Internat |
|
|
|
|
|
|
|
| |