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Full-Text Articles in Law
African Customary Law, Customs, And Women's Rights, Muna Ndulo
African Customary Law, Customs, And Women's Rights, Muna Ndulo
Muna B Ndulo
The sources of law in most African countries are customary law, the common law and legislation both colonial and post-independence. In a typical African country, the great majority of the people conduct their personal activities in accordance with and subject to customary law. Customary law has great impact in the area of personal law in regard to matters such as marriage, inheritance and traditional authority, and because it developed in an era dominated by patriarchy some of its norms conflict with human rights norms guaranteeing equality between men and women. While recognizing the role of legislation in reform, it is …
A Globally Sustainable Right To Land: Utilizing Real Property To Protect The Traditional Knowledge Of Indigenous Peoples And Local Communities, Jennifer Lynn Zweig
A Globally Sustainable Right To Land: Utilizing Real Property To Protect The Traditional Knowledge Of Indigenous Peoples And Local Communities, Jennifer Lynn Zweig
Georgia Journal of International & Comparative Law
No abstract provided.
Proving Customary Law In Uganda: Roadmaps And Roadblocks, David B. Dennison
Proving Customary Law In Uganda: Roadmaps And Roadblocks, David B. Dennison
David Brian Dennison
Customary law is second-class law in Uganda. While customary law applies in many “grass root” settings, customary law struggles for legitimacy within formal legal environments. Matters of customary proof exemplify this disconnect. Ugandan methods of customary proof are the product of British colonial precedent. Despite longstanding calls for revised approaches, little has changed since Uganda’s independence in 1962. The colonially crafted framework of customary proof devalues custom and culture. In terms of proof, Ugandan courts treat customary law less favorably than foreign law. Judges have no duty to know customary law. Instead customary law is a fact to be proved. …