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Legal Theory in Africa: Between Legal Centralism and Legal Pluralism

Forthcoming in The Queen Mary Law Journal (2017)

Posted: 6 Jul 2017  

Berihun Adugna Gebeye

Central European University (CEU) - Department of Legal Studies

Date Written: July 04, 2017

Abstract

The African legal universe is difficult to capture through the lens of legal centralism and legal pluralism. While the former excludes the pre-colonial African legal experience, the latter blurs the post-colonial legal dynamics. By employing Joseph Raz’s theory of legal system, this paper argues that there have been centralized legal systems and plural laws in Africa. Customary legal systems, colonial legal systems and constitutional legal systems have existed in pre-colonial, colonial and post-colonial Africa respectively. Plural laws such as diverse customary and religious laws, imperial colonial laws, and statutory laws constituted these legal systems in different time and space. Hence, the quest for African legal theory rests in between legal centralism and legal pluralism.

Suggested Citation

Gebeye, Berihun Adugna, Legal Theory in Africa: Between Legal Centralism and Legal Pluralism (July 04, 2017). Forthcoming in The Queen Mary Law Journal (2017) . Available at SSRN: https://ssrn.com/abstract=2991040

Berihun Gebeye (Contact Author)

Central European University (CEU) - Department of Legal Studies ( email )

Nádor u. 9
Budapest, 1051
Hungary

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