oa Fundamina : A Journal of Legal History - The historical development of the legal system of Ghana : an example of the coexistence of two systems of law

Volume 14 Number 2
  • ISSN : 1021-545X
  • E-ISSN: 2411-7870



The fact of globalisation has brought with it the issue of rationalisation of legal systems. The opportunities for inter-connectedness of peoples of different legal systems have increased, necessitating a conscious rationalisation of the legislation of various countries. The process of rationalisation could follow a number of approaches, such as transplantation, legal harmonisation and legal unification. Legal transplantation has been descriptionbed as consisting of the ""introduction, in national legal systems, of statutes and principles belonging to other systems ... "". In the case of legal harmonisation, ""nations agree on a set of objectives and targets and let each nation amend their internal law to fulfil the chosen objectives"", while by legal unification ""nations agree to replace national rules and adopt a unified set of rules chosen at the interstate level"". These various approaches will achieve varying degrees of rationalisation, but in the final analysis they will all represent an expressed intention of people of different legal systems to benefit from the advantages of co-existence and integration.

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