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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Kaguru justice and the concept of legal fictions
Author:Beidelman, Th.O.ISNI
Year:1961
Periodical:Journal of African Law
Volume:5
Issue:1
Pages:5-20
Language:English
Geographic term:Tanzania
Subjects:conflict of laws
customary courts
Abstract:This paper has 2 purposes: 1) to consider certain aspects of the concept of 'legal fiction'; 2) to indicate some of the means by which a local African Court avoids the potential conflict between African customary law and European law. One way of doing this and avoiding a judgment which would have been repugnant to the Kaguru is to try to interpret unprecedented situations to bring them within the traditional system. Certain of these interpretations are called 'legal fictions'. The author discusses 2 cases to illustrate some of the practices of a local Kaguru Court.
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