Future Of Customary Law Research Articles

Customary Law, Social Development and Administration of Justice in Nigeria

Customary law is the law that captures the norms, traditions and rules of behaviour of the people. It is the law propelled by the worldview, beliefs, philosophies and value system of the people. In traditional societies, customary laws were largely unchallenged save by compelling innovations that re-channeled aspects of the practices of the people and subsequently altered its traditions. Since the introduction of English law in the administration of justice in Nigeria about a century ago, customary law has been fighting for breath and a large chunk of it has not survived the conflict that was the necessary outcome of the contact. This paper has discussed the nature of justice that the hybrid legal system has produced. It has answered the question whether the judicial system that yields legal justice has produced social justice as well. It has also made projections into the future of customary law and examined the imperatives of a smoother marriage of convenience between the borrowed English legal system and native law and custom so as to achieve justice that is real and answers to the needs of the society. The topic is discussed under six sub-heads, namely: Introduction; conceptual analysis; application of customary law in Nigeria; customary law and justice; customary law and arbitration; and conclusion. Under conceptual analysis, the meaning, sources and progressive development of customary law have been examined including their relationship with the English common law. On the application of customary law, the standard requirements for the validity and enforcement of the law have been discussed critically. The capacity of customary law to produce both legal and social justice has been evaluated under the sub-head of customary law and justice while the content, context and legal status of customary arbitration and customary awards have been treated under customary law and arbitration. The co-relation between customary law and social development was examined and practical policy formulations suggested for enhancing the role of customary law in social development. The conclusion summarized salient points raised and evaluated in the work and projected the capacity of customary law to play a more pro-active role in the administration of justice in Nigeria when and after obvious negative tendencies by the operators have been eliminated or at least minimized.

Legislating for the Application of Customary Law in Solomon Islands

This article examines the problems surrounding the application of customary law in the formal courts of Solomon Islands. Commencing with a brief explanation of the status of customary law, it considers the vexed question of proof, in the context of decided cases. It also analyses three Solomon Islands Acts relevant to proving customary law: the Wills, Probate and Administration Act 1987, the Solomon Islands National Provident Fund Act 1973 and the Customs Recognition Act 2000. The article then considers the future of customary law in the formal courts of Solomon Islands.

Legislating Pluralism

This article analyses and compares recent legislation relating to customary law in two Pacific countries: the Underlying Law Act 2000, of Papua New Guinea, and the Customs Recognition Act 2000, of Solomon Islands. The article first presents a historical analysis of the recognition and regulation of customary law during the colonial period and since independence. Each Act is then examined in detail. The individual clauses of the Acts, and in particular the drafting ambiguities are analysed in the context of comparison between the two statutes and discussion of earlier drafts, associated legislation and relevant case law. The differences between the two statutes, the reasons for those differences, and their likely consequences are considered. From this exposition and analysis conclusions are drawn regarding the future of customary law in Papua New Guinea and Solomon Islands, and its compatibility with the introduced system of law.

SYMPOSIUM ON THE FUTURE OF CUSTOMARY LAW IN AFRICA

Readers will recall that the editorial notes of the July issue of this Journal drew attention to a “symposium” on the future of customary law in Africa. This was held in Amsterdam under the auspices of the Afrika Instituut and the Royal Institute of the Tropics.We are now able to reproduce the definite text of the resolutions of the symposium. This will undoubtedly be of considerable interest to all those who are concerned with the administration of customary law.The text is reprinted with the permission of Dr. Idenburg who was Chairman of the meeting.

Symposium on the Future of Customary Law in Africa

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