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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Is 'customary law' customary?
Author:Bourdillon, M.F.C.ISNI
Periodical:Nada: The Southern Rhodesia Native Affairs Department Annual
Geographic term:Zimbabwe
Subject:customary law
Abstract:This paper shows that the failure to distinguish clearly between the law of the past and statutory 'customary law' has led to injustice in the administration of law in Rhodesia. It is especially concerned with injustices suffered by African women in towns under 'customary law'. Sections: traditional court procedure - the ossification of law - applying traditional law out of context - discovering traditional law. Conclusion: the realisation that 'customary law' is often not customary gives a district commissioner or magistrate or judge a little more freedom to use his own judgement on the justice of the case before him. Notes, ref.