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The conundrum of judicial notice as a means of ascertaining customary law in Nigerian and South african courts amid the convergence of positivism and legal pluralism
(PER/PELJ, 2019)
The roles of the courts have become an inevitable social reality in adjudicating customary law disputes in Nigeria and South Africa. Because these courts are established and validated along positivist practice, they ...
The resonance of colonial era customary codes in contemporary Uganda
(PER/PELJ, 2019)
Colonial era codifications of customary law – especially those codified in indigenous first languages – have a resilient capacity to form and inform living customary law. In the context of Mukono District, Uganda, modern ...
Legal Pluralism, uBuntu and the use of open norms in the South African Common Law of Contract
(PER/PELJ, 2019)
In this article, a comparison is drawn between the role of good faith in the development of the Roman law of contract and the emerging role of ubuntu in the South African common law of contract. Firstly, it is shown how ...
Harmonising legal values and uBuntu : the quest for social justice in the South African Common Law of Contract
(PER/PELJ, 2019)
In this article, a comparison is drawn between the role of good faith in the development of the Roman law of contract and the emerging role of ubuntu in the South African common law of contract. Firstly, it is shown how ...