African Customary Law in South Africa: Post-Apartheid and Living Law Perspectives provides a clear introduction to African customary law in South Africa. The text provides a structure for understanding the nature and overarching system of customary law, illustrating the distinctness of African customary law in relation to other areas of South African law. It explores the dynamic, foundational precepts and values of living customary law, which are vital to understanding the role and application of this system of law.

African Customary Law in South Africa: Post-Apartheid and Living Law Perspectives provides a clear introduction to African customary law in South Africa. The text provides a structure for understanding the nature and overarching system of customary law, illustrating the distinctness of African customary law in relation to other areas of South African law. It explores the dynamic, foundational precepts and values of living customary law, which are vital to understanding the role and application of this system of law.

Features

  • The text addresses living customary law precepts and values, offering an insightful, authentic and sensitive approach to the alignment of parallel systems of South African law. This facilitates an understanding of the true purpose, values and efficacy of customary law, and honours the important role which this system of law serves within South African society.
  • The material is presented in a clear and applied manner, in order that it should be accessible, engaging and challenging to readers.
  • The text's pedagogical framework introduces a dynamic element which stimulates independent critical and reflective engagement with the material, allowing students to engage with moot and contentious issues, whilst maintaining a clear understanding of the theoretical framework.

PART 1 Theoretical and structural overview of African customary law
1Historical overview of customary law
2The nature and concept of customary law
3Legal pluralism
4Ascertainment and proof of customary law
5Internal conflict of laws
PART 2 Personal law and personal rights in African customary law
6Marriage
7Consequences of marriage
8Dissolution of marriage
9The customary law of succession
10Contractual obligations in customary law
11Customary law of delict
12Criminal law
PART 3 Political and civic aspects of African customary law
13Traditional leadership institutions
14Traditional courts
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  • African Customary Law



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