The Urgent Need to Revolutionize African Law

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Mupendana Pierre Claver
Mupendana Pierre Claver

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GJHSS Volume 22 Issue H3

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Africa lives in the middle of conflict. Some seek to identify the causes. This article attempts to demonstrate that one of the main causes is the legal system that colonization has bequeathed to it. After showing the differences between Western law and African traditional law, the researcher highlights the main characteristics of African traditional law before the colonial period and those of the law bequeathed by the colonizers. On the basis of an in-depth analysis, the author of the article notes that African traditional law played an integrating and conciliatory role, while remaining perfectly realistic. The one bequeathed to the African peoples by colonization can be qualified as the Law of the minority, the Law of exploitation, the Law instituting segregation and discrimination, the disorganizing Law, the Law of mimicry and finally the Law negating the African traditional Law. This raises the question of the real future of African law.

Funding

No external funding was declared for this work.

Conflict of Interest

The authors declare no conflict of interest.

Ethical Approval

No ethics committee approval was required for this article type.

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Not applicable for this article.

Mupendana Pierre Claver. 2026. \u201cThe Urgent Need to Revolutionize African Law\u201d. Global Journal of Human-Social Science - H: Interdisciplinary GJHSS-H Volume 22 (GJHSS Volume 22 Issue H3): .

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Innovative African legal reform insights and research on transformative legal changes in Africa.
Issue Cover
GJHSS Volume 22 Issue H3
Pg. 45- 65
Journal Specifications

Crossref Journal DOI 10.17406/GJHSS

Print ISSN 0975-587X

e-ISSN 2249-460X

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GJHSS-H Classification: DDC Code: 340.9 LCC Code: KF411
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v1.2

Issue date

June 2, 2022

Language

English

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Africa lives in the middle of conflict. Some seek to identify the causes. This article attempts to demonstrate that one of the main causes is the legal system that colonization has bequeathed to it. After showing the differences between Western law and African traditional law, the researcher highlights the main characteristics of African traditional law before the colonial period and those of the law bequeathed by the colonizers. On the basis of an in-depth analysis, the author of the article notes that African traditional law played an integrating and conciliatory role, while remaining perfectly realistic. The one bequeathed to the African peoples by colonization can be qualified as the Law of the minority, the Law of exploitation, the Law instituting segregation and discrimination, the disorganizing Law, the Law of mimicry and finally the Law negating the African traditional Law. This raises the question of the real future of African law.

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The Urgent Need to Revolutionize African Law

Mupendana Pierre Claver
Mupendana Pierre Claver

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