AFRICAN CUSTOMARY LAW > QUESTIONS & ANSWERS > May/June 2020 IND2601 African Customary Law | Download for quality grades | (All)

May/June 2020 IND2601 African Customary Law | Download for quality grades |

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1. Which statement is correct? People voluntarily observe legal rules and the rules for living in African customary law because of the following factors: (1) the religious or sacral (holy) element ... of the law, private opinion and the knowledge that if a person is harmed, that person will endeavour to get compensation or will take measures to protect him or herself. (2) the religious or sacral (holy) element of the law, the knowledge that if a person is harmed, that person will endeavour to get compensation 2 or will take measures to protect him or herself, fear of punishment and the fact that only the indigenous leaders in the community have a broad general knowledge of the law. (3) the religious or sacral (holy) element of the law, the knowledge that if a person is harmed, that person will endeavour to get compensation or will take measures to protect him or herself, public opinion, and fear of punishment. (4) the religious or sacral (holy) element of the law, the knowledge that if a person is harmed, that person will endeavour to get compensation or will take measures to protect him or herself, and the influence of the police, courts and judges in the community. (2) 2. Specialised and unspecialised systems are different because in the unspecialised systems …. (1) emphasis falls strongly on the group. (2) a transgression of the law and legal rules will have certain, specific consequences for the transgressors. (3) relations are governed by law. (4) decisions are only taken by the family head. (2) 3. The characteristic of customary law that is expressed as group versus individual orientation means that… (1) emphasis of the law is placed on the parties concerned in a dispute. (2) although the family head was nominally the owner of the family property, he was not liable for debts of the other members of the family home. (3) individuals function within the context of the group to which they belong. (4) the rights emanating from the seduction of a girl could only be claimed from the perpetrator by herself to the exclusion of family members. (2) 4. The concrete versus the abstract approach that is characteristic of customary law means that… [Show More]

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