Comparative Law and African Customary Law

Author(s):  
T. W. Bennett

Customary law grows out of the social practices which a given jural community has come to accept as obligatory. It is a pervasive normative order, providing the regulatory framework for spheres of human activity as diverse as the family, the neighbourhood, the business of merchant banking, or international diplomacy. This article looks at the customary laws of sub-Saharan Africa. It deals with the preservation of the law in an oral tradition and how it has been influenced by certain social, economic, and political structures. This focus requires, in turn, that particular attention be paid to factors influencing the production of texts on customary law. Because information on the subject is limited, outdated, and somewhat subjective, readers must be made aware of how changes in the theories of jurisprudence and anthropology have affected ideas and preconceptions.

Author(s):  
T. W. Bennett

Customary law grows out of the social practices which a given jural community has come to accept as obligatory. It is a pervasive normative order, providing the regulatory framework for spheres of human activity as diverse as the family, the neighbourhood, the business of merchant banking, or international diplomacy. This article looks at the indigenous customary laws of sub-Saharan Africa. It deals with the preservation of the law in an oral tradition and how it has been influenced by certain social, economic, and political structures. This focus requires, in turn, that particular attention be paid to factors influencing the production of texts on customary law. Because textual information on the subject is limited, often outdated, and somewhat subjective, readers must be made aware of how changes in the theories of jurisprudence and anthropology have affected ideas and preconceptions.


2002 ◽  
Vol 96 (4) ◽  
pp. 844-846
Author(s):  
Michael F. Lofchie

Sub-Saharan Africa continues to underperform the world's developing regions, remaining a region of pronounced economic stagnation at correspondingly frightful human and social costs. Exactly why this is so has been the subject of extensive debate both among academics and within the policy community. Since most sub-Saharan African countries have been implementing neoliberal economic reforms, there has been particularly heated discussion about whether or not these policies have helped to improve the economic environment.


1982 ◽  
Vol 12 (1-2) ◽  
pp. 45-52
Author(s):  
Rhoda Howard

In this paper I will discuss women’s rights regarding marriage, the family, and genital operations in the context of internationally accepted views of the individual rights of women. I focus upon these particular areas partly because the issue of female genital operations in Africa has been the subject of much popular attention in the last three years, but mainly because, given that women’s biological reproductive roles are so much more central to their lives than are the equivalent roles for men, their rights in these areas profoundly affect their ability to exercise their rights in other areas, i.e. in the polity and in the economy. For data I use examples from several English-speaking sub-Saharan countries.


2008 ◽  
Vol 35 (2) ◽  
pp. 243-251 ◽  
Author(s):  
RAGNAR K. KINZELBACH

The secretarybird, the only species of the family Sagittariidae (Falconiformes), inhabits all of sub-Saharan Africa except the rain forests. Secretarybird, its vernacular name in many languages, may be derived from the Arabic “saqr at-tair”, “falcon of the hunt”, which found its way into French during the crusades. From the same period are two drawings of a “bistarda deserti” in a codex by the Holy Roman Emperor Frederick II (1194–1250). The original sketch obviously, together with other information on birds, came from the court of Sultan al-Kâmil (1180–1238) in Cairo. Careful examination led to an interpretation as Sagittarius serpentarius. Two archaeological sources and one nineteenth century observation strengthened the idea of a former occurrence of the secretarybird in the Egyptian Nile valley. André Thevet (1502–1590), a French cleric and reliable research traveller, described and depicted in 1558 a strange bird, named “Pa” in Persian language, from what he called Madagascar. The woodcut is identified as Sagittarius serpentarius. The text reveals East Africa as the real home of this bird, associated there among others with elephants. From there raises a connection to the tales of the fabulous roc, which feeds its offspring with elephants, ending up in the vernacular name of the extinct Madagascar ostrich as elephantbird.


2003 ◽  
Vol 60 (3) ◽  
pp. 533-568 ◽  
Author(s):  
J. C. MANNING ◽  
P. GOLDBLATT ◽  
M. F. FAY

A revised generic synopsis of sub-Saharan Hyacinthaceae is presented, based on a molecular phylogenetic analysis of the family. Generic rank is accorded only to reciprocally monophyletic clades that can be distinguished by recognizable morphological discontinuities, thereby permitting an appropriate generic assignment of species not included in the analysis. Three subfamilies are recognized within the region. Subfamily Ornithogaloideae, characterized by flattened or angular seeds with tightly adhering testa, is considered to include the single genus Ornithogalum, which is expanded to include the genera Albuca, Dipcadi, Galtonia, Neopatersonia and Pseudogaltonia. Recognizing any of these segregates at generic level renders the genus Ornithogalum polyphyletic, while subdivision of Ornithogalum into smaller, morphologically distinguishable segregates in order to preserve the monophyly of each is not possible. Subfamily Urgineoideae, characterized by flattened or winged seeds with brittle, loosely adhering testa, comprises the two mainland African genera Bowiea and Drimia. The latter is well circumscribed by its deciduous, short-lived perianth and includes the previously recognized genera Litanthus, Rhadamanthus, Schizobasis and Tenicroa. The monotypic Madagascan Igidia is provisionally included in the subfamily as a third genus on the basis of its seeds, pending molecular confirmation of its relationships. Subfamily Hyacinthoideae resolves into three clades, distinguished as tribes Hyacintheae (strictly northern hemisphere and not treated further), Massonieae and Pseudoprospereae tribus nov. Full descriptions and a key to their identification are provided for all genera. New combinations reflecting the generic circumscriptions adopted here are made for most African and all Indian and Madagascan species.


1980 ◽  
Vol 21 (3) ◽  
pp. 289-310 ◽  
Author(s):  
J. D. Fage

Published European first-hand accounts of the coastlands from Senegal to Angola for the period c. 1445-c. 1700 are examined to see what light they throw on the extent to which institutions of servitude in pre-colonial sub-Saharan Africa were autonomous developments or a response to external demands for African slaves. It seems clear that when, in the early years of this period, European traders first approached societies along the western African coasts, they were commonly offered what they called ‘slaves’ in exchange for the goods they had brought. But it would be wrong to conclude from this that a slave class was necessarily a feature of western African coastal societies when these were first contacted by Europeans. It is clear, for instance, that the Europeans preferred to deal with societies which had developed monarchical governments, whose leaders had control of sufficient surpluses to make trade worthwhile. The evidence suggests that in these societies most individuals were dependants of a ruling and entrepreneurial elite, but that there was also social mobility. A category of dependants that particularly attracted the notice of the European observers was women, whom men of power and wealth tended to accumulate as wives (and hence as the potential mothers of still more dependants). The necessarily limited supply of women may have been a factor encouraging such men to seek to increase their followings, and thus their status, power and wealth, by recruiting other dependants by forcible, judicial and economic means. While many such dependants, or their offspring, would be assimilated into the social groups commanded by their masters, the latter were certainly willing to contemplate using recently acquired or refractory recruits in other ways, such as exchanging them for alternative forms of wealth.


2010 ◽  
pp. 70-73
Author(s):  
Ana Tostões ◽  
Maria Manuel Oliveira

With the aim of contributing to the documentation and conservation of the modern architectural heritage, this paper presents Monteiro & Giro Complex (M&G), built during the 50’s in Quelimane, Mozambique, with the goal of stressing the modernity of the social program and the technological approach. If one wants to gain a better understanding of the worldwide Diaspora of architectural modernism, it is essential to document and analyse the important heritage of sub–Saharan Africa. Modern architectural debates have been reproduced, transformed, contested and sometimes even improved in distant lands and overseas territories. These contradictory aspects of Modernist practice are revealed in the programmatic, technological and structural M&G industrial Complex.


Author(s):  
Richard Grant

Accra is one of the largest and most important cities in sub-Saharan Africa. The aim of this article is to assess the evolution of urban studies in Accra and its main historical and contemporary foci. Early knowledge on urban Accra is fragmentary and orientated toward European contact points and urban plans, ostensibly from the gaze of Europeans. Writings from Euro-Africans such as Carl Reindorf provide a different prism into the precolonial, indigenous, urban society, whereas most indigenous urban knowledge was situated in the oral tradition at this time. Around independence, officially appointed social anthropologists wrote about an indigenous community in Tema and surveyed the multiethnic Accra environment. From independence in 1957 until the early 1980s, social scientists viewed the urban settlement as an alien, Western intervention. Local scholarship on Accra was sidelined as the academy in a poor, emergent nation became preoccupied with the genesis of nation-state building and the establishment of viable academic departments in national universities, and growing proportions of migrants regarded “home” as somewhere else, that is, ancestral villages. In the 1970s Accra was inserted into world history and social history, and social scientists began to study residential geographies, but scholarship at the city-scale remained sparse. Engagement with world and social histories and the social sciences demonstrated that history matters, but not in linear and teleological ways. The liberalization era ushered in by structural adjustment policies (SAPs) in 1983 invigorated studies of Accra’s urban impacts and effects. Much of this research was disseminated by international scholars, as Ghanaian scholars had to contend with the negative impacts of SAPs on their own universities and households. Since the turn of the 21st century, scholarship on Accra, and African cities in general, has been increasing. Diverse research questions and a multiplicity of methodologies and frameworks seek to engage Western urban theories and other variants, undertake policy-relevant work, assess ethnic and residential dynamics, contribute to international urban debates, and advance postcolonial and revisionist accounts of urbanism. Viewed at the third decade of the 21st century, scholarship on Accra is of diverse origins, encompassing scholarship from locals, members of the diaspora, and international urbanists, and a promising tilt is local–international collaborations co-producing knowledge.


2017 ◽  
Vol 03 (02) ◽  
pp. E52-E59 ◽  
Author(s):  
Sikolia Wanyonyi ◽  
Charles Mariara ◽  
Sudhir Vinayak ◽  
William Stones

AbstractThe potential benefits of obstetric ultrasound have yet to be fully realized in sub-Saharan Africa (SSA), despite the region bearing the greatest burden of poor perinatal outcomes. We reviewed the literature for challenges and opportunities of universal access to obstetric ultrasound and explored what is needed to make such access an integral component of maternity care in order to address the massive burden of perinatal morbidity and mortality in SSA. Original peer-reviewed literature was searched in various electronic databases using a ‘realist’ approach. While the available data were inconclusive, they identify many opportunities for potential future research on the subject within the region that can help build a strong case to justify the provision of universal access to ultrasound as an integral component of comprehensive antenatal care.


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