Towards A Restatement Of Nigerian Customary Law
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Author | : Epiphany Azinge |
Publisher | : African Books Collective |
Total Pages | : 418 |
Release | : 2013 |
Genre | : Law |
ISBN | : 9788407919 |
The idea of a Restatement is to identify common principles or trends in a particular area of law with the objective of unifying the further development of the law. No other area of law in Nigeria is in need of Restatement as much as Nigeria's customary law. A number of reasons inform this position: (i) the cultural diversity of the country has meant that customary practices differ in so many respects on the same issue; (ii) the oral tradition of the customary system has placed it in the 'endangered species' list; (iii) the paucity of authoritative works on customary law has created a yawning gap for the scholarship in this vital area of law; and (iv) no matter however ignored, customary law continues to play a very significant role in moderating the Nigerian values system in society. Carried out by the Nigerian Institute of Advanced Legal Studies this project brings to an end four years of a massive research undertaking involving desk review; field research covering four geo-political zones in Nigeria; collation and analysis of field research findings; testing of field research findings in a stakeholders consultative conference; further desk review to fill in gaps in the literature; and the core restatement work by a select committee of Reporters.
Author | : Jeanmarie Fenrich |
Publisher | : Cambridge University Press |
Total Pages | : 563 |
Release | : 2011-07-18 |
Genre | : Law |
ISBN | : 1139497820 |
This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. It considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form and status from legislation and common law.
Author | : Akintunde Olusegun Obilade |
Publisher | : |
Total Pages | : 294 |
Release | : 2005 |
Genre | : Law |
ISBN | : 9789780290504 |
Author | : Charles Mwalimu |
Publisher | : Peter Lang |
Total Pages | : 742 |
Release | : 2009 |
Genre | : Foreign Language Study |
ISBN | : 9781433107825 |
In this book Charles Mwalimu explores viable grassroots representation mechanisms in African constitutions in order to positively integrate indigenous and modern systems in Sub-Saharan Africa. A comparative study method is used to examine the constitutional principles of chieftaincy and local government and their impact on human rights. To establish and prove lack of positive integration Mwalimu connects this failure to poor constitutionalism, development and stultified growth and human rights violations. This book proposes remedial actions to build nondiscriminatory constitutional regimes eradicating violations of human rights.
Author | : Giovanni Distefano |
Publisher | : BRILL |
Total Pages | : 991 |
Release | : 2019-05-07 |
Genre | : Law |
ISBN | : 9004396691 |
Fundamentals of Public International Law, by Giovanni Distefano, provides an overview of public international law’s main principles and fundamental institutions. By introducing the foundations of the legal reasoning underlying public international law, the extensive volume offers essential tools for any international lawyer, regardless of the specific field of specialization. Dealing expansively with subjects, sources and guarantees of international law, university students, scholars and practitioners alike will benefit from the book’s treatment of what has been called the “Institutes” of public international law.
Author | : Thierry Verhelst |
Publisher | : |
Total Pages | : 60 |
Release | : 1968 |
Genre | : Customary law |
ISBN | : |
Author | : Jonathan Morgan |
Publisher | : Cambridge University Press |
Total Pages | : 314 |
Release | : 2013-11-07 |
Genre | : Law |
ISBN | : 110747020X |
Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.
Author | : Charles Mwalimu |
Publisher | : Peter Lang Publishing |
Total Pages | : 792 |
Release | : 2005 |
Genre | : Foreign Language Study |
ISBN | : 9780820471273 |
Volume 1 on public law provides an introduction to the Nigerian legal system. The various chapters deal with: introduction and sources of law; jurisprudence and Nigerian perspectives; African customary law; Islamic law; comparative constitutionalism and Nigerian perspectives; citizenship, immigration and administrative law; judicial system and legal profession; criminal law, evidence and civil procedure; statutory marriage and divorce laws; customary marriage and divorce; marriage and divorce under Islamic law; matters of children; gender and law in Nigeria with emphasis on Islamic law. Volume 2 has 25 chapters on private law that includes security of the environment and environmental law, land and property administration, commercial business and trade laws, communication, media and press laws, transportation and carrier laws, law enforcement, armed forces and military laws, investments, and intellectual property.
Author | : Itsejuwa Esanjumi Sagay |
Publisher | : |
Total Pages | : 430 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9789780231934 |
The principles of Nigerian law of succession and the statutes backing them are presented in practical language; and includes an extensive number of case studies. Among the topics covered are legitimacy, legitimation and rights of inheritance; intestate succession (non-customary); testate succession (wills); succession under customary law; and administration of estates. Itse Sagay is a Senior Advocate of Nigeria and was previously a professor of law and Dean of the Faculty of Law at the University of Benin. He is currently in private practice, and a consultant to numerous local and international clients.
Author | : Cedric Ryngaert |
Publisher | : |
Total Pages | : 273 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0199688516 |
This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.