oa Comparative and International Law Journal of Southern Africa - How customary is African customary law?
|Article Title||How customary is African customary law?|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 Institute of Foreign and Comparative Law, UNISA|
|Publication Date||Nov 1987|
|Pages||405 - 410|
|Keyword(s)||Academic customary law, African customary law, Autonomic customary law, People's courts, People's justice and South Africa|
While the study of customary law has shed much of its earlier European ethnocentricity, and has become responsive to autonomic development, it remains preoccupied with small-scale rural societies. Urban customary law has hitherto received only scant attention; yet, it is in the urban area that the centre of customary law development lies. The urban area is no longer merely an extension of the rural; in fact, at least in South Africa, the position today is reversed. Autonomic customary law is self-generated and self-regulating. It is fluid by nature and does not lend itself to being confined in a fixed, written form. As the life-world of the people changes, so do the rules and processes of autonomic customary law. African autonomic customary law, in particular, has shown a remarkable capacity for adaptation to external influences. Today's autonomic customary law is not the same as the customary law of the pre-colonial past. The traditional communal spirit, however, remains.
Article metrics loading...