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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The people as law-makers: custom, practice, and public opinion as sources of law in Africa and England
Author:Allott, A.N.ISNI
Year:1977
Periodical:Journal of African Law
Volume:21
Issue:1
Pages:1-23
Language:English
Geographic term:Africa
Subject:legal sources
Abstract:This essay investigates, assesses and compares the role of the 'people' as makers of law in a variety of customary societies in black Africa on the one hand, and in England on the other. Although the procedures and mechanisms of the law may fundamentally differ, yet in each society the people participate constantly and in a variety of ways in a continuing process of law making. Further the author illustrates the ways in which lawyers and sociologists or anthropologists study this question. Sections of the essay: Our attitude to law (Norms and facts; The synthetic approach) - Sources of law; 1. Overt legislation (formal and recognised modes of legislation by the people; Informal popular participation in the making and unmaking of law; Private law making); 2. Judicial administration (The people and courts in customary African society; The law element in English courts; The susceptibility of the judges to popular opinions and practice) - A note on bibliography.