IND2601 Assignment 1
Semester 2 2023 (738571)
QUESTIONS AND
ELABORATE ANSWERS
For assignment help or inquiries
Email:
WhatsApp: +254704997747
, QUESTION 1
Discuss the general characteristics of customary law relating to,
i) The unwritten nature of African customary law (6)
African customary law is a system of law that has been developed and
practiced by various indigenous communities across the African continent
for centuries. One of its fundamental characteristics is its unwritten nature,
which sets it apart from formal, codified legal systems.
1. Oral Tradition: African customary law is primarily transmitted orally through
generations. It relies on the oral tradition of storytelling, rituals, and
customs, which are passed down from elders to the younger members of
the community. This oral transmission ensures that the knowledge and
practices of customary law are preserved and adapted to changing
circumstances.
2. Lack of Formal Legislation: Unlike modern legal systems, African customary
law does not rely on written statutes or legislative codes. Instead, it is based
on established norms, practices, and traditions that have evolved over time
to address various issues within the community. This unwritten aspect
allows for flexibility and adaptability to local circumstances.
3. Localized and Community-Based: African customary law is highly
decentralized, varying from one community to another. Each community
may have its own set of customs, practices, and values that govern social
interactions, property rights, marriage, inheritance, and dispute resolution.
This localized nature recognizes the diversity of African cultures and reflects
the distinct needs of each community.
4. Flexibility and Dynamic Nature: Customary law is not fixed but rather
evolves and adapts as societies change. New customs may emerge, and old
ones may be modified or abandoned as communities encounter new
challenges or influences. This dynamic nature enables customary law to
remain relevant and responsive to contemporary issues.
5. Consensus and Participation: Decision-making in customary law is often
based on consensus-building within the community. Elders and community
leaders play a significant role in interpreting and applying customary
For assignment help and inquiries
Email:
WhatsApp: +254704997747
Semester 2 2023 (738571)
QUESTIONS AND
ELABORATE ANSWERS
For assignment help or inquiries
Email:
WhatsApp: +254704997747
, QUESTION 1
Discuss the general characteristics of customary law relating to,
i) The unwritten nature of African customary law (6)
African customary law is a system of law that has been developed and
practiced by various indigenous communities across the African continent
for centuries. One of its fundamental characteristics is its unwritten nature,
which sets it apart from formal, codified legal systems.
1. Oral Tradition: African customary law is primarily transmitted orally through
generations. It relies on the oral tradition of storytelling, rituals, and
customs, which are passed down from elders to the younger members of
the community. This oral transmission ensures that the knowledge and
practices of customary law are preserved and adapted to changing
circumstances.
2. Lack of Formal Legislation: Unlike modern legal systems, African customary
law does not rely on written statutes or legislative codes. Instead, it is based
on established norms, practices, and traditions that have evolved over time
to address various issues within the community. This unwritten aspect
allows for flexibility and adaptability to local circumstances.
3. Localized and Community-Based: African customary law is highly
decentralized, varying from one community to another. Each community
may have its own set of customs, practices, and values that govern social
interactions, property rights, marriage, inheritance, and dispute resolution.
This localized nature recognizes the diversity of African cultures and reflects
the distinct needs of each community.
4. Flexibility and Dynamic Nature: Customary law is not fixed but rather
evolves and adapts as societies change. New customs may emerge, and old
ones may be modified or abandoned as communities encounter new
challenges or influences. This dynamic nature enables customary law to
remain relevant and responsive to contemporary issues.
5. Consensus and Participation: Decision-making in customary law is often
based on consensus-building within the community. Elders and community
leaders play a significant role in interpreting and applying customary
For assignment help and inquiries
Email:
WhatsApp: +254704997747
