Assignment 1
Discuss the general characteristics of customary law relating to,
i) The unwritten nature of African customary law (6)
ii) Customary law as an expression of community values (6)
iii) The role of magico-religious conceptions of customary law (8)
iv) Group orientation nature (5)
[2...
Assignment 1
SEMESTER 2 2023
IND2601
AFRICAN CUSTOMARY LAW
, ASSIGNMENT 01
Discuss the general characteristics of customary law relating to,
i) The unwritten nature of African customary law (6)
One of the general characteristics of African customary law is its unwritten nature.
Unlike statutory law, which is codified and written down in legislation, customary law
is primarily based on oral traditions, customs, and practices that have been passed
down through generations within specific communities. This unwritten nature means
that customary law is not found in formal legal documents but is embedded in the
cultural practices and norms of the community.
The unwritten nature of African customary law can be both a strength and a
challenge. It allows for flexibility and adaptability, as customs can evolve over time to
meet the changing needs of the community. However, the lack of a written code can
also lead to uncertainty and inconsistency in its application, as different communities
may have different customs and interpretations of the law.
ii) Customary law as an expression of community values (6)
Customary law is closely linked to the cultural, social, and religious values of the
community in which it operates. It reflects the collective wisdom, beliefs, and norms
of the community and is grounded in the experiences and traditions of its members.
Customary law is often deeply connected to the land, kinship systems, marriage
practices, and other aspects of community life.
This characteristic emphasizes the communal nature of customary law, as decisions
and judgments are often made with the interests of the community in mind, rather
than individual rights. The focus on community values and collective well-being can
foster social cohesion and maintain the cultural identity of the community.
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