eBook
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The Coexistence of Formal and Non-Formal Justice Within an African Context
Year
2021
Language
ENGLISH
Publication Information
The Mosaic of Global History of Law
Summary
The interaction of formal and non-formal normative orders is explored in the context of the resolution of family disputes by analyzing the historical relationship between law, family, and culture in a legally pluralistic postcolonial African society, like Kenya. Current phenomena that have occurred contemporaneously since the late 19th century are examined, such as the transformation of traditional African social structures and the introduction of new legal processes arising from British colonial rule. This book attempts to deal with the question of the confluence of these phenomena, particularly in the context of families with a specific focus on dispute resolution. It is finally argued that the dichotomous view between formal law and custom is not realistic and that these systems do not operate independently, but interact in various mutually constitutive ways. Using a historical and contextual approach, the existence of this dichotomy is challenged by uncovering the processes by which the African family has been constructed and reproduced. The tension between continuity and change is highlighted, with a meticulous analysis of the effects of social change on the African family, which has not conformed to either a purely traditional or modern model, but has developed in unique configurations that encompass both the traditional and the modem.