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Periodical article | Leiden University catalogue | WorldCat |
Title: | Kaguru justice and the concept of legal fictions |
Author: | Beidelman, Th.O. |
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. |