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Relevant bibliographies by topics / Customary law – Ghana

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Academic literature on the topic 'Customary law – Ghana'

Author: Grafiati

Published: 4 June 2021

Last updated: 11 February 2022

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Journal articles on the topic "Customary law – Ghana"

1

Dankwa, E. V. O. "The End of Pledges in Ghana?" Journal of African Law 33, no. 2 (1989): 185–91. http://dx.doi.org/10.1017/s0021855300008123.

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A pledge is a customary law transaction where the pledgor (borrower) surrenders possession of his property to the pledgee (creditor) “to hold and use until the debt due is paid, an article borrowed is returned or replaced, or obligation is discharged”. Like other customary transactions, pledges have not remained static: social and economic changes in Ghana as well as statutory intervention (which in itself is generally the result of such changes) have contributed to their development. In some respects, pledges are similar to the common law transaction known as mortgages but there are essential differences between the two. However, now the same law would seem to govern both transactions because by virtue of the Mortgages (Amendment) Decree, 1979 (A.F.R.C.D. 37):Every customary loan transaction in respect of which any farm-land is given

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Ubink, Janine M. "Tenure Security: Wishful Policy Thinking or Reality? A Case from Peri-Urban Ghana." Journal of African Law 51, no. 2 (September 25, 2007): 215–48. http://dx.doi.org/10.1017/s0021855307000307.

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AbstractMany areas in Africa facing land shortage and competition witness increasingly restricted and insecure access to land for the poor majority. Mounting evidence of reduced tenure security shows that customary systems are often unable to evolve equitably. In contrast with this crisis in customary land administration, current international land policy is witnessing renewed interest in customary tenure systems. Ghana's current land policy resonates with this international trend. This article focuses on peri-urban Kumasi, Ghana, to acquire an insight into struggles and negotiations over customary land tenure in a rapidly urbanizing area. It then tries to explain why policymakers, in Ghana and in general, do not yet seem to have reflected the crisis in customary land management in their policies. The article concludes with some recommendations as to how policymakers could respond.

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Quansah, E. K. "Custody of children: Customary principles in Ghana and Nigeria." Commonwealth Law Bulletin 17, no. 1 (January 1991): 347–55. http://dx.doi.org/10.1080/03050718.1991.9986123.

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Daniels, W. C. Ekow. "Recent Reforms in Ghana's Family Law." Journal of African Law 31, no. 1-2 (1987): 93–106. http://dx.doi.org/10.1017/s0021855300009268.

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On 14 June, 1985, the Provisional National Defence Council of Ghana promulgated a series of laws designed to give better security for widows and their children, provide an effective machinery for the registration of customary marriage and divorce and render heads of family statutorily accountable to their members. They are: Intestate Succession Law, Customary Marriage and Divorce Registration Law and Head of Family (Accountability) Law. There is no doubt that the enactment of these laws marks a significant turning point and a new concept of family property law, even though the impact of the laws is yet to permeate into the social fabric of the Ghanaian community as a whole.

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Woodman, Gordon R. "Ghana Reforms the Law of Intestate Succession." Journal of African Law 29, no. 2 (1985): 118–28. http://dx.doi.org/10.1017/s002185530000663x.

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Four interrelated reforms in the private law of Ghana were promulgated by the ruling Provisional National Defence Council (P.N.D.C.) on 14 June, 1985: the Intestate Succession Law, 1985 (P.N.D.C.L. Ill); the Customary Marriage and Divorce (Registration) Law, 1985 (P.N.D.C.L. 112); the Administration of Estates (Amendment) Law, 1985 (P.N.D.C.L. 113); and the Head of Family (Accountability) Law, 1985 (P.N.D.C.L. 114). The Intestate Succession Law radically changes the law of inheritance, and constitutes the most extensive legislative reform ever made in the private law of Ghana. The Administration of Estates (Amendment) Law is a minor consequential enactment. The other two Laws are directed primarily to other issues, but bear on the Intestate Succession Law in minor aspects which will be mentioned later.This comment does not seek to provide a detailed textual analysis of the Law, but merely to consider its provenance and general significance in the development of Ghanaian property law.

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Sinitsina, Irina. "African Legal Tradition J. M. Sarbah, J. B. Danquah, N. A. Ollennu." Journal of African Law 31, no. 1-2 (1987): 44–57. http://dx.doi.org/10.1017/s0021855300009232.

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The Systematic study of African customary law and of the establishment of its role in the legal systems of African states was initiated, above all, by works of A. N. Allott. The scholar gives unflagging attention to the local legal schools which laid a serious basis for the present-day comparative study both of customary law and of national legal systems, for clarifying the possible ways of their development, and for a search for optimal legal forms which would take due account of the interests of small ethnic groups. The formation of national legal systems of African states has aroused a major interest in the customary law of ethnic groups. A. N. Allott correctly observed that it was necessary to pay heed, in particular, to the historical aspect of customary law.The most vivid example of the high level of development of autochthonous legal institutions and of their study by local legal scholars is furnished by the legal school of the ethnolinguistic group known as Akan (the Gold Coast, later Ghana).Present day Ghana in the pre-colonial period formed the states of the Akan peoples—Fanti and Ashanti—and of the inhabitants of the Birim-Volta river region—Akim and Akuapem. Screened by a tropical forest from the north and facing the Gulf of Guinea, the region remained isolated from external influences for many long epochs, creating specific systems of state law. The types and forms of their customary law mechanism characterize the level of development and specific features of appropriate societies.

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7

Koblavie, Bakhita Mawuli, and Christopher Yaw Nyinevi. "A review of the legislative reform of customary arbitration in Ghana." Commonwealth Law Bulletin 45, no. 4 (October 2, 2019): 587–607. http://dx.doi.org/10.1080/03050718.2020.1747511.

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8

England, Philippa. "Tree Planting, Sustainable Development and the Roles of Law in Bongo, North-East Ghana." Journal of African Law 39, no. 2 (1995): 138–55. http://dx.doi.org/10.1017/s002185530000629x.

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Development in all its forms is a pervasive theme in the study of modern Africa. The meaning, objectives and methods of development are issues which have entered into every discipline concerned with the study of that continent. The study of law is no exception. Broadly speaking there are three “paradigms of law” which have special relevance to debates on African development. These can be characterized as the instrumental model, the pluralist model and the customary law model.

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Treasure, Wendy, Joe Fardin, Wazi Apoh, and Kirsty Wissing. "From Mabo to Obuasi: mining, heritage and customary law in Ghana and Western Australia." Journal of Energy & Natural Resources Law 34, no. 2 (March 14, 2016): 191–211. http://dx.doi.org/10.1080/02646811.2016.1133986.

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10

Perneş, Raluca. "How Foreign of a Country is the Past? Colonial Archives, Customary Law and Land Transactions in Ghana." Studia Universitatis Babes-Bolyai Sociologia 62, no. 2 (December 1, 2017): 61–78. http://dx.doi.org/10.1515/subbs-2017-0011.

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Abstract This paper looks at a set of documents produced in the early 1950s in the Gold Coast to establish land boundaries in a region and to contribute to the crystallization of customary law for future reference and use. The material is placed in a longer historical flow and seen as one of the results of transformations in the metropole, in the colony, and in their relationship over the first decades of the century, and as a significant landmark collection that has been used in land transactions ever since. The analysis pleads for treating the archives in an ethnographic and not just in an extractive manner (Stoler, 2002, 2009), suggesting that the making, the form, the authors’ stances and the use of the documents can be useful supplementary tools in making sense of the already heavily edited representations of the past that we have access to. The focus on this particular archival material contributes to the discussions about the pitfalls of basing land management on, as Sally Falk Moore would put it, “customary” law.

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Dissertations / Theses on the topic "Customary law – Ghana"

1

Josiah-Aryeh, Nii Armah. "Family, property and the state in Ghana : changing customary law in an urban setting." Thesis, SOAS, University of London, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.243955.

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Ubink, Janine M. "In the land of the chiefs customary law, land conflicts, and the role of the state in peri-urban Ghana /." [Leiden] : Leiden University Press, 2008. http://site.ebrary.com/lib/librarytitles/Doc?id=10302637.

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3

Wilson, Alex J. "Mothers’ Wealth: Matrilineality and Inheritance Among the Fantse of Ghana." Ohio University / OhioLINK, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1305062532.

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4

Schneider, Tillmann. "Recht als Übersetzung." Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2016. http://dx.doi.org/10.18452/17588.

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Die Erkenntnis, dass der Staat nicht die einzige Quelle von Recht ist, verbreitet sich zusehends auch in der Rechtswissenschaft. Die Vielfalt normativer Ordnungen wird gewöhnlich mit dem Begriff "Rechtspluralismus" beschrieben. In der Rechtspluralismusforschung besteht weitgehend Einigkeit darüber, dass normative Ordnungen nicht parallel nebeneinander und unabhängig voneinander koexistieren, sondern dass diese sich wechselseitig beeinflussen. Dieses Miteinander kann konfliktreich wie auch kooperativ sein, es kann zum Transfer von Normen und Vorstellungen, aber auch zu Widerstand und Abgrenzung kommen. Diese Arbeit leistet einen Beitrag zur interdisziplinären Rechtsforschung, indem sie Austauschprozesse zwischen verschiedenen normativen Ordnungen analysiert. Hierbei wird "Übersetzen" als maßgebliche Praxis des Rechtspluralismus verstanden und ein methodischer Zugang angeboten, um Austauschprozesse machtsensibel zu analysieren. Am Beispiel Ghanas wird untersucht, wie die Anerkennung von Recht nicht-staatlichen Ursprungs in der Rechtsprechung staatlicher Gerichte praktiziert wird. Ghana ist nicht nur durch eine Vielzahl verschiedener Gesellschaften, sondern auch durch die Koexistenz unterschiedlicher normativer Ordnungen geprägt. Neben dem zur Zeit des britischen Kolonialismus eingeführten Common Law werden zahlreiche lokale Gewohnheitsrechte vom Staat als Rechtsquelle anerkannt. Über den ghanaischen Kontext hinaus ergeben sich auch allgemeine Fragen zum Umgang mit gesellschaftlicher Vielfalt und den damit einhergehenden Konflikten.
Jurisprudence acknowledges more and more that the state is not the only source for legal norms. The diversity of normative orders is usually described with the term "legal pluralism". Scholarship on legal pluralism emphasizes that normative orders do not exist parallel and independently from each other, but that they influence each other mutually. The relationship can be conflictual but also cooperative, there can be transfers of norms and ideas, but also resistance and dissociation. This study contributes to inter-disciplinary jurisprudence by analysing transfer processes between normative orders. It understands "translation" as essential practice of legal pluralism and offers a methodological approach to analyse transfer processes sensitively to power. Using the example of Ghana the study explores how state courts practice the recognition of non-state law. Ghana is characterised not only by the coexistence not only of different cultures, but of different normative orders as well. Next to the common law which had been introduced by British colonialism there is a plurality of local customary laws that are officially recognised as law by the state. This situation raises questions beyond the Ghanaian context on how to deal with social diversity and the conflicts the come along with it.

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5

Moodley, Isabel. "The customary law of intestate succession." Thesis, 2012. http://hdl.handle.net/10500/8829.

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The title of this thesis is: The Customary Law of Intestate Succession. The African customary law relating to intestate succession has always been known to discriminate against women. The thesis therefore focuses on the customary law of intestate succession in the countries of South Africa, Ghana and Swaziland and the inroads they have made in improving the rights of women in this discriminatory field of African customary law. This thesis consists of six chapters. Chapter 1 introduces the reader to the topic of the research. It highlights the organisation of the intended research which comprises: a statement of the problem, the legal framework, research methodology and a summary of the chapter. Chapter 2 defines the general terms and concepts used in the customary law of intestate succession. This facilitates an understanding of the general principles comprising the body of law known as the customary law of intestate succession and lays the foundation for the country specific issues that are investigated in the following chapters. Chapter 3 discusses the recognition, application and development of the customary law of intestate succession in the country of South Africa. Chapter 4 considers the rules and laws of the customary law of intestate succession in the West African country of Ghana. Chapter 5 explains the current rules and laws of the customary law of intestate succession prevailing in the Kingdom of Swaziland. Finally, chapter 6 brings the thesis to a meaningful end, by criticizing the approaches adopted by the countries of South Africa, Ghana and Swaziland in improving the rights of women as far as the customary law of intestate succession is concerned. The chapter also presents various recommendations for improving the rights of women in this discriminatory field of the law.
Public, Constitutional, & International
LL.D.

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Books on the topic "Customary law – Ghana"

1

Ollennu, Nii Amaa. Ollennu's principles of customary land law in Ghana. 2nd ed. Birmingham, Britain: CAL Press, 1985.

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2

Mwalimu, Charles. Ghana: Adoption and extra-territorial effect of customary adoption. [Washington, D.C: Law Library of Congress, 1997.

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3

Gyekye, L. O. Family law and customary practices for child maintenance and inheritance in Ghana. [Ghana?]: L.O. Gyekye, 1995.

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4

The law of chieftaincy in Ghana: Incorporating customary arbitration, contempt of court, judicial review. Accra, Ghana: Advanced Legal Publications, 2008.

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5

Brobbey, S. A. The law of chieftaincy in Ghana: Incorporating customary arbitration, contempt of court, judicial review. Accra, Ghana: Advanced Legal Publications, 2008.

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6

Working behind the scenes: State actors and judicial processes in the houses of chiefs in Ghana. Legon [Ghana]: University of Ghana, 2008.

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7

Ubink, Janine M. In the land of the chiefs: Customary law, land conflicts, and the role of the state in peri-urban Ghana. [Leiden]: Leiden University Press, 2008.

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8

Migrant remittances and household welfare in times of macro-volatility: The case of Ghana. Legon, Ghana: Institute of Statistical, Social & Economic Research, University of Ghana, Legon, 2006.

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9

Lennox, Agbosu, and University of Ghana. Institute of Statistical, Social, and Economic Research., eds. Customary and statutory land tenure, and land policy in Ghana. Legon, Ghana: Institute of Statistical, Social & Economic Research, University of Ghana, Legon, 2007.

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10

The impact of the constitutional provisions on the customary disabilities of women in Ghana: Report on the abolition of ritual slavery, forced labour, and other related practices. Accra: Information Services Dept., 1995.

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Book chapters on the topic "Customary law – Ghana"

1

"How state courts create customary law in Ghana and Nigeria." In Indigenous law and the state, 181–220. De Gruyter Mouton, 1987. http://dx.doi.org/10.1515/9783110854800-010.

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2

Treves, Tullio. "Introductory Note." In The Global Community Yearbook of International Law and Jurisprudence 2018, 421–28. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190072506.003.0020.

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This Note focuses on the Judgment handed out by a special Chamber of the International Tribunal for the Law of the Sea (ITLOS) in a dispute concerning delimitation of maritime areas between Ghana and Cote d’Ivoire. This is the only decision of substance of ITLOS during 2017. Among the elements of particular interests of the Judgment the following should be noted. First, the consideration and rejection of the argument that oil concession practice may constitute a tacit agreement. Second, the reliance, however limited to this case, as regards delimitation of the territorial sea on the same methodology used for the delimitation of the exclusive economic zone and the continental shelf, namely, the equidistance/relevant circumstances methodology. Third, the distinction between the function of the Chamber in delimiting the continental shelf beyond 200 nm and that of the Commission on the Limits of the Continental Shelf in delineating the outer limits of the shelf. Fourth, the examination of the question of whether the Chamber had jurisdiction to decide on questions of responsibility, and of the applicability of customary international law thereto. Fifth, the statement that to adjudicate on the claim that Ghana had contravened the Chamber’s Order on provisional measures belonged to the Chamber’s “inherent competence”. Sixth, the analysis of the regime of contested areas in light of Article 83 of UNCLOS.

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3

Boateng, Sheena Lovia. "Enhancing Calculative Commitment and Customer Loyalty Through Online Relationship Marketing." In Advanced MIS and Digital Transformation for Increased Creativity and Innovation in Business, 50–76. IGI Global, 2020. http://dx.doi.org/10.4018/978-1-5225-9550-2.ch003.

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This study examines the mediating role of online trust in enhancing calculative commitment and customer loyalty through online relationship marketing activities (engagement and interactivity). The study draws on signaling theory. Data were gathered from 429 retail bank customers in Ghana and analyzed using confirmatory factor analysis and structural path modelling. Findings suggest that engagement is assessed to be low by Ghanaian bank customers and presently has no influence on customer commitment, online trust, and customer loyalty. However, signals communicated through interactivity online is of great benefit to the banks in influencing customers' online trust, as well as their calculative commitment and loyalty. Further, though, website and email emerged as the most predominant technologies used in online relationship marketing (ORM), customers also expect banks to engage with them through social media, which has the potential to improve upon the current levels of ORM activities.

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Boateng, Sheena Lovia. "Enhancing Calculative Commitment and Customer Loyalty Through Online Relationship Marketing." In Research Anthology on E-Commerce Adoption, Models, and Applications for Modern Business, 1221–41. IGI Global, 2021. http://dx.doi.org/10.4018/978-1-7998-8957-1.ch063.

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This study examines the mediating role of online trust in enhancing calculative commitment and customer loyalty through online relationship marketing activities (engagement and interactivity). The study draws on signaling theory. Data were gathered from 429 retail bank customers in Ghana and analyzed using confirmatory factor analysis and structural path modelling. Findings suggest that engagement is assessed to be low by Ghanaian bank customers and presently has no influence on customer commitment, online trust, and customer loyalty. However, signals communicated through interactivity online is of great benefit to the banks in influencing customers' online trust, as well as their calculative commitment and loyalty. Further, though, website and email emerged as the most predominant technologies used in online relationship marketing (ORM), customers also expect banks to engage with them through social media, which has the potential to improve upon the current levels of ORM activities.

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