JOURNAL OF AFRICAN LAW,2014年58(1):1-21 ISSN：0021-8553
[Mancuso, Salvatore] Univ Cape Town, Ctr Comparat Law Africa, ZA-7700 Rondebosch, South Africa.;[Mancuso, Salvatore] Xiangtan Univ, Ctr African Laws & Soc, Xiangtan, Hunan, Peoples R China.
[Mancuso, Salvatore] Univ Cape Town, Ctr Comparat Law Africa, ZA-7700 Rondebosch, South Africa.
This article discusses the issue of the effectiveness of law in Africa, looking at it from a perspective different from those commonly used in dealing with this theme. It proposes an analysis of the interactions between traditional, religious and official law in the course of the historical development of African law through the lens of the stratigraphic method. The analysis takes into consideration the different legal layers that have been posed upon each other. The work focuses on areas of law that are not commonly considered in this regard; in addition, the discourse is conducted using examples taken from jurisdictions that are not normally present in debates on African law. This implies the use of references that are not commonly encountered in African legal literature, together with some from the most important and renowned authors.