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Periodical article | Leiden University catalogue | WorldCat |
Title: | Common customs of Ghana: common law or customary law? |
Author: | Woodman, G.R. |
Year: | 1968 |
Periodical: | University of Ghana Law Journal |
Volume: | 5 |
Issue: | 1 |
Pages: | 1-5 |
Language: | English |
Geographic term: | Ghana |
Subjects: | legislation customary law |
Abstract: | If rules generally applicable by custom would not belong to the customary law the only other possible classification of such general rules is as part of the common law, since all the other types of Ghanaian law are statutory. Yet there are four possible objections to this view - 1. the statutory definition of common law does not include rules generally applicable by customs; 2. rules generally applicable by custom in Ghana are not customs in the sense recognised by the common law; 3. the view would give rise to insoluble internal conflicts of law; 4. the view would cause rules generally applicable by custom to be modified by other branches of the common law of Ghana - which are considered in the article. |