African customary law in South Africa : post-apartheid and living law perspectives : private law
Title:
African customary law in South Africa : post-apartheid and living law perspectives : private law
Author:
Himonga, Chuma N., editor.
ISBN:
9780190748487
Physical Description:
, pages : illustrations ; 24 cm
Series:
Private law
Contents:
pt. Theoretical and structural overview of African customary law -- Historical overview of customary law -- The nature and concept of customary law -- Legal pluralism -- Ascertainment and proof of customary law -- Internal conflict of laws -- pt. II. Personal law and personal rights in African customary law -- Marriage -- Consequences of marriage -- Dissolution of marriage -- The customary law of succession -- Contractual obligations in customary law -- Customary law of delict -- Criminal law -- pt. III. Political and civic aspects of African customary law -- Traditional leadership institutions -- Traditional courts.
Abstract:
African Customary Law in South Africa: Post-Apartheid and Living Law Perspectives provides a clear introduction to indigenous law in South Africa. The text provides a structure for understanding the nature and overarching system of customary law, illustrating its distinctness in relation to other areas of law, and exploring the dynamic precepts and values of living customary law. The text suggests an approach which supports harmonisation of customary law precepts and values with the common law and with Western constitutional jurisprudence, and offers an authentic, culturally sensitive framework within which contentious issues might be resolved. The text is pedagogically designed to assist learning and the development of academic skills, encouraging readers to develop an approach of independent enquiry and analysis.
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