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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Wanted: a vailed criterion of validity for customary law
Author:Achimu, B.O.
Year:1976
Periodical:The Nigerian Law Journal
Volume:10
Pages:35-55
Language:English
Geographic term:Nigeria
Subject:customary law
Abstract:The object is to demonstrate that the existing statutory criteria of validity stated for customary law no longer constitute any significant addition to a legal system, like the Nigerian, which purports to be progressive and aspires to be autonomous. It is. further contended that the abrogation of these criteria from the statute books should involve no great loss and that their replacement with a test more appropriately phrased is long overdue. Sections: The criteria of validity for customary law - The High Court laws - Public policy and local statutes contrasted - Equivalent criteria of validity in lower courts - Origins of these tests Customary law and colonialism - The conflict of culture theory - Application of the criteria - The status of persons - The status and custody of children - Property rights - Offences, their trial and punishment - The test of public law - Epilogue. Notes.
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