Study Unit 1 - Lecture 2 Flashcards
(10 cards)
What is the key nature of African customary law?
It is unwritten and based on oral transmission.
What do legal maxims do in customary law?
Express legal principles and cultural values (e.g., Ubuntu).
Does African customary law follow precedent?
No, each case is judged independently.
What is the justice goal in customary law?
Reconciliation and maintaining community harmony.
What are the two main supernatural beliefs?
Ancestral spirits and sorcery.
Why is law seen as sacred in many communities?
It is believed to originate from ancestral spirits.
What happens to identified sorcerers?
They are removed or killed for community safety.
What are common reasons people follow customary law?
Religious belief, public opinion, fear of punishment, and group knowledge.
What is the difference between official and living customary law?
Official = recorded versions; Living = actual practiced customs.
What role do indigenous leaders play?
Guide moral behaviour, manage land, and maintain ancestor relations.
