Search results for "customary law"
showing 10 items of 14 documents
Informal laws and state law in the horn of Africa
2019
This essay examines the relationship existing between informal law and state laws in the four countries of the Horn of Africa from an historical and comparative perspective. Such relation is considered from the time when the four countries became independent, however reference is also made from time to time to the colonial background when necessary to justify a particular situation. The analysis casts also an eye to the relation existing between religious laws and state laws, as religious laws represent an essential component in the interaction between state laws and the other normative orders present in these four countries. The essay concludes with some recommendations for the improvement…
OHADA law and its target population: Is there room for African traditional law within the harmonisation of contract laws in Africa?
2018
The essay studies to which extent the African legal culture can contribute to the development of official law in Africa. Particular attention is deserved to contract law and the idea of harmonizing the area of contract law in the OHADA context.
Institutional Forgiveness in Borana Assemblies
1992
The Family among the Oromo-Borana: A case of Customary Law in Ethiopia
1995
Il caso Diigalu Tiiti. Strutture sociali e processi produttivi presso i Borana dell'Etiopia
1990
This paper concerns the social elements which are relevant in relation with some important productive features of the Borana of Southern Ethiopia. Recent field-data seem to indicate that the structure provided by descent is particularly significant with regard both to economical mutual assistance and to management of wells, the crucial natural resources. Cet article concerne les éléments sociaux importants par rapport à des procédés de production des Borana du sud de l'Ethiopie. Le système de parenté semble particulièrement significatif aussi bien en ce qui concerne l'assistance réciproque que pour la gestion des puits, la ressource naturelle cruciale.
From custom to law, an economic rationale behind the black lettering
2018
This article employs the number of rule recipients in order to explain the transformation of some customs into laws. The publication of rules may mark the reaching of the threshold number beyond which the spontaneous rule leaves room for the State intervention. In addition, the publication resolves a couple of questions that Hayek left unresolved. Examples are provided from ancient merchant customs and contemporary international law.
Enjeux fonciers et développement "durable" au Mali
2012
Making the land issue a total economic phenomenon and capital the driving force of development equates to giving free rein to the commodification of the land. Is it really necessary for Mali to sell off its agricultural land and its land resources to access development? For what development? Does development demand that family-run small farming operations and age-old, traditional land management methods be sacrificed? Ever since the country attained national sovereignty in 1960, Mali ‒ a poor country in sub-Saharan Africa ‒ has been seeking in vain to achieve rapid economic, social and industrial development by all the means available, with the exception of the deployment of an endogenous d…
The Exclusion of Women from Inheritance Rights: An Unresolved Issue?
2021
In Italy, the women's exclusion from the inheritance is the principle that structures the property system of the families in medieval and early modern age and the social and juridical organization of these centuries, until the XIX century. Despite its importance, the exclusion of the women has never been an autonomous historiographical issue, but it has been ignored to advantage of analysis centered on the dowry system: emphasis has been placed mainly on the property rights of the women instead of observing the marginalization of the female part of lineages respect to the family wealths. The essay addresses two issues: the way in which statutory and state laws rule women’s exclusion from in…
Consuetudine: un’analisi concettuale
2014
In civil law systems, statutes and other legal texts sometimes refer to ‘custom’. In international law, it is undisputed that ‘custom’, alongside with treaties or conventions, is one of the main legal sources. The bulk of this paper is devoted to an attempt at answering a single, simple question: what is custom? What is it that statutes and other legal materials refer to, when they refer to ‘custom’? In answering this question the beginning of wisdom is to realize that there is no single, unique concept custom. ‘Custom’ designates different phenomena, which should be carefully distinguished. It is, then, possible to mould several concepts of custom, and customary rule. In the first, longer …
Interaction among Customary Law, Islamic Law and Colonial Law during the Italian Administration of Somalia
2020
The chapter discusses the presence of customary law, islamic law and colonial law during the period of Italian administration of Somalia (both colonial and during the trusteeship administration under UN mandate) and the interaction among these normative orders.