Browsing Faculty of Law by Subject "Customary law"
Now showing items 1-5 of 5
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Does the differential criterion for vesting parental rights and responsibilities of unmarried parents violate international law? A legislative and social study of three African countries
(Cambridge University Press, 2011)The right to non-discrimination for all children is established in international human rights law. International children's rights law further provides for the common responsibility of parents for the maintenance of their ... -
The institution of traditional authority in Okombahe, Erongo Region of Namibia: can the institution be reconciled with democratic values of justice?
(2021)The purpose of the article was to explore the roles and functions of the institution of traditional authority in contributing to access to justice or providing a form of justice through the preservation of customary law ... -
A living customary law of commercial contracting in South Africa: some law-related hypotheses
(Taylor & Francis, 2017)Inspired by calls to ‘decolonise’ South African law and legal education, this paper will posit some hypotheses as to the nature of a living customary law of commercial contracting from the perspectives of two South African ... -
The thin edge of the wedge: ukuthwala, alienation and consent
(Taylor & Francis, 2017)Ukuthwala, a mock abduction of a girl for the purpose of a customary marriage, has been subject to debate at both local and national level. This debate culminated into a South African Law Reform Commission Report on the ... -
‘Woman, but not Human’: Widowhood Practices and Human Rights Violations in Nigeria
(International Journal of Law, Policy and the Family, 2013-05)This article examines the implications of widowhood practices for the enjoyment of women’s fundamental rights and freedoms in Nigeria. The article discusses the effects of socio-cultural and legal structures of Nigeria for ...