Traditional African Law
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Traditional African Law
Africa's fifty-six sovereign states range widely in their history and structure, and their laws are variously defined by customary law, religious law, common law, Western civil law, other legal traditions, and combinations thereof. Prior to the colonial era in the nineteenth century, Africa's legal system was dominated by the traditional laws of the native people. The efforts to maintain the indigenous practices against the rising Continental European and Great British powers, though unsuccessful, provoked the development of existing customary laws via the establishment of ‘Native Courts’. While the colonies were governed by the imported legal system and civil codes of the metropoles, the practice of traditional laws continued under supervision, with its jurisdiction restricted to only African citizens. Following its absolute political independence political independence in the late 1970s, post-colonial Africa continued to employ these introduced laws, with some nations prese ...
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Africa
Africa is the world's second-largest and second-most populous continent, after Asia in both cases. At about 30.3 million km2 (11.7 million square miles) including adjacent islands, it covers 6% of Earth's total surface area and 20% of its land area.Sayre, April Pulley (1999), ''Africa'', Twenty-First Century Books. . With billion people as of , it accounts for about of the world's human population. Africa's population is the youngest amongst all the continents; the median age in 2012 was 19.7, when the worldwide median age was 30.4. Despite a wide range of natural resources, Africa is the least wealthy continent per capita and second-least wealthy by total wealth, behind Oceania. Scholars have attributed this to different factors including geography, climate, tribalism, colonialism, the Cold War, neocolonialism, lack of democracy, and corruption. Despite this low concentration of wealth, recent economic expansion and the large and young population make Afr ...
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Griot
A griot (; ; Manding: jali or jeli (in N'Ko: , ''djeli'' or ''djéli'' in French spelling); Serer: kevel or kewel / okawul; Wolof: gewel) is a West African historian, storyteller, praise singer, poet, and/or musician. The griot is a repository of oral tradition and is often seen as a leader due to their position as an advisor to royal personages. As a result of the former of these two functions, they are sometimes called bards. They also act as mediators in disputes. Occurrence and naming Many griots today live in many parts of West Africa and are present among the Mande peoples ( Mandinka or Malinké, Bambara, Soninke etc.), Fulɓe (Fula), Hausa, Songhai, Tukulóor, Wolof, Serer,Unesco. Regional Office for Education in Africa, ''Educafrica, Numéro 11'', (ed. Unesco, Regional Office for Education in Africa, 1984), p. 110Hale, Thomas Albert, ''Griots and Griottes: Masters of Words and Music'', Indiana University Press (1998), p. 176, Mossi, Dagomba, Mauritan ...
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Legal System
The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. The science that studies law at the level of legal systems is called comparative law. Both ''civil'' (also known as ''Roman'') and ''common'' law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system. Civil law The source of law that is recognized as authoritative is codifications in a constitution or statute passed by legislature, to amend a code. While the concept of codification dates back to the Code of Hammurabi in Babylon ca. 1790 BC, civil law systems derive from the Roman Empire and, more p ...
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Polycentric Law
Polycentric law is a theoretical legal structure in which "providers" of legal systems compete or overlap in a given jurisdiction, as opposed to monopolistic statutory law according to which there is a sole provider of law for each jurisdiction. Devolution of this monopoly occurs by the principle of jurisprudence in which they rule according to higher law. Overview Tom W. Bell, former director of telecommunications and technology studies at Cato Institute, now a professor of law at Chapman University School of Law in California wrote "Polycentric Law", published by the Institute for Humane Studies, when he was a law student at the University of Chicago. In it he notes that others use phrases such as "non-monopolistic law" to describe these polycentric alternatives.Tom W. BellPolycentric Law Institute for Humane Studies Review, Volume 7, Number 1 Winter 1991/92. He outlines traditional customary law (also known as consuetudinary law) before the creation of states, including as d ...
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Statutory Law
Statutory law or statute law is written law passed by a body of legislature. This is opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, state legislatures or local municipalities. Codified law The term codified law refers to statutes that have been organized ("codified") by subject matter; in this narrower sense, some but not all statutes are considered "codified." The entire body of codified statute is referred to as a "code," such as the United States Code, the Ohio Revised Code or the Code of Canon Law. The substantive provisions of the Act could be codified (arranged by subject matter) in one or more titles of the United States Code while the provisions of the law that have not reached their "effective date" (remaining uncodified) would be available by reference to the United States Statutes at Large. Another meaning of "codified law" is a statute that takes the common law ...
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Codification (law)
In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming a legal code, i.e. a codex (book) of law. Codification is one of the defining features of civil law jurisdictions. In common law systems, such as that of English law, codification is the process of converting and consolidating judge-made law or uncodified statutes enacted by the legislature into statute law. History Ancient Sumer's Code of Ur-Nammu was compiled ''circa'' 2050–1230 BC, and is the earliest known surviving civil code. Three centuries later, the Babylonian king Hammurabi enacted the set of laws named after him. Important codifications were developed in the ancient Roman Empire, with the compilations of the Lex Duodecim Tabularum and much later the Corpus Juris Civilis. These codified laws were the exceptions rather than the rule, however, as during much of ancient times Roman laws were left mostly uncodified. The firs ...
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Indigenous Peoples Of Africa
The indigenous people of Africa are groups of people native to a specific region; people who lived there before colonists or settlers arrived, defined new borders, and began to occupy the land. This definition applies to all indigenous groups, whether inside or outside of Africa. Although the vast majority of Native Africans can be considered to be "indigenous" in the sense that they originated from that continent and nowhere else (like all Homo sapiens sapiens), identity as an "indigenous people" is in modern application more restrictive. Not every African ethnic group claims identification under these terms. Groups and communities who do claim this recognition are those who by a variety of historical and environmental circumstances have been placed outside of the dominant state systems. Their traditional practices and land claims often have come into conflict with the objectives and policies promulgated by governments, companies and surrounding dominant societies. Marginalizati ...
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South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; and to the east and northeast by Mozambique and Eswatini. It also completely enclaves the country Lesotho. It is the southernmost country on the mainland of the Old World, and the second-most populous country located entirely south of the equator, after Tanzania. South Africa is a biodiversity hotspot, with unique biomes, plant and animal life. With over 60 million people, the country is the world's 24th-most populous nation and covers an area of . South Africa has three capital cities, with the executive, judicial and legislative branches of government based in Pretoria, Bloemfontein, and Cape Town respectively. The largest city is Johannesburg. About 80% of the population are Black South Afri ...
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Spanish Empire
The Spanish Empire ( es, link=no, Imperio español), also known as the Hispanic Monarchy ( es, link=no, Monarquía Hispánica) or the Catholic Monarchy ( es, link=no, Monarquía Católica) was a colonial empire governed by Spain and its predecessor states between 1492 and 1976. One of the largest empires in history, it was, in conjunction with the Portuguese Empire, the first to usher the European Age of Discovery and achieve a global scale, controlling vast portions of the Americas, territories in Western Europe], Africa, and various islands in Spanish East Indies, Asia and Oceania. It was one of the most powerful empires of the early modern period, becoming the first empire known as "the empire on which the sun never sets", and reached its maximum extent in the 18th century. An important element in the formation of Spain's empire was the dynastic union between Isabella I of Castile and Ferdinand II of Aragon in 1469, known as the Catholic Monarchs, which in ...
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Portuguese Empire
The Portuguese Empire ( pt, Império Português), also known as the Portuguese Overseas (''Ultramar Português'') or the Portuguese Colonial Empire (''Império Colonial Português''), was composed of the overseas colonies, factories, and the later overseas territories governed by Portugal. It was one of the longest-lived empires in European history, lasting almost six centuries from the conquest of Ceuta in North Africa, in 1415, to the transfer of sovereignty over Macau to China in 1999. The empire began in the 15th century, and from the early 16th century it stretched across the globe, with bases in North and South America, Africa, and various regions of Asia and Oceania. The Portuguese Empire originated at the beginning of the Age of Discovery, and the power and influence of the Kingdom of Portugal would eventually expand across the globe. In the wake of the Reconquista, Portuguese sailors began exploring the coast of Africa and the Atlantic archipelagos in 1418–1419, u ...
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Belgian Colonial Empire
Belgium controlled several territories and concessions during the colonial era, principally the Belgian Congo (modern DRC) from 1908 to 1960 and Ruanda-Urundi (modern Rwanda and Burundi) from 1922 to 1962. It also had small concessions in Guatemala (1843–1854) and in China (1902–1931) and was a co-administrator of the Tangier International Zone in Morocco. Roughly 98% of Belgium's overseas territory was just one colony (about 76 times larger than Belgium itself) – known as the Belgian Congo. The colony was founded in 1908 following the transfer of sovereignty from the Congo Free State, which was the personal property of Belgium's king, Leopold II. The violence used by Free State officials against indigenous Congolese and the ruthless system of economic extraction had led to intense diplomatic pressure on Belgium to take official control of the country. Belgian rule in the Congo was based on the "colonial trinity" (''trinité coloniale'') of state, missionary and privat ...
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Italian Empire
The Italian colonial empire ( it, Impero coloniale italiano), known as the Italian Empire (''Impero Italiano'') between 1936 and 1943, began in Africa in the 19th century and comprised the colonies, protectorates, concessions and dependencies of the Kingdom of Italy. In Africa, the colonial empire included the territories of present-day Eritrea, Somalia, Libya, and Ethiopia; outside Africa, Italy possessed the Dodecanese Islands (following the Italo-Turkish War), Albania (a protectorate from 1917 to 1920 and from 1939 to 1943, when it was invaded and forced into a personal union with Italy),Nigel Thomas. Armies in the Balkans 1914–18. Osprey Publishing, 2001, p. 17. and had a concession in China. The Fascist government that came to power with dictator Benito Mussolini after 1922 sought to increase the size of the Italian empire and to satisfy the claims of Italian irredentists. Systematic "demographic colonization" was encouraged by the government, and by 1939, Italian ...
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