Customary Law in a Changing World

African Customary Law Conference, University of Ghana

Customary law, the traditional law indigenous to a region, continues to regulate many areas of people’s lives in Africa. Some African constitutions now enshrine the right to culture and oblige courts to apply customary law where applicable.

Elsewhere, constitutional, statutory and common law have superseded most or all customary law. Even in such situations, customary law may nevertheless govern certain areas, such as requirements for marriage, the rights and duties of husbands and wives, the obligations toward and custody of children, the ownership of property acquired during marriage, the distribution of profits in commercial land dealings, and many other aspects of family and socio-economic life. Moreover, even where conflicting constitutional or statutory law exists, the lack of access to legal resources may mean that, as a practical matter, customary law still governs even if largely ignored in key law reform initiatives in countries on the continent.

The persistence of the rule-subsidiarity status of customary law in many countries in Africa creates a situation of legal dislocation for millions. As detailed further below, the UPSA African Customary Law conference will explore the changing dynamics of customary law on the continent as a twenty-first-century reality.

For further information, please contact lawconferences@clutterupsamail.edu.gh.

Veranstaltung übernehmen als iCal