Study Unit 1 - Lecture 3 Flashcards
(10 cards)
What does specialisation in law mean?
Dividing legal duties, concepts, and procedures into distinct areas.
What type of orientation is seen in unspecialised systems?
Group orientation.
In customary law, who holds rights: individuals or groups?
Groups (e.g., families, ruling households).
What type of law holds families responsible for a member’s crime?
Customary (unspecialised) criminal law.
How does contract law differ in specialised vs unspecialised systems?
Specialised = between individuals; unspecialised = between family groups.
What makes unspecialised systems concrete?
Focus on visible actions and objects as legal proof.
What religious belief supports customary law?
Law comes from ancestors; rituals maintain harmony.
How are judgments made in customary courts?
Through community discussion and consensus, not legal precedent.
Is there a separation of powers in customary systems?
No. Chiefs often perform all government roles.
What is polygyny?
A man marrying more than one woman at a time.
