Truth or Consequences (The Deadly Kind): Oath Swearing in Nigerien Customary Law

41 Pages Posted: 24 Jul 2021

See all articles by Thomas A. Kelley

Thomas A. Kelley

University of North Carolina School of Law

Date Written: July 21, 2021

Abstract

In the customary law of Niger, oath swearing plays a central role in resolving disputes. However, the swearing of oaths in Niger is altogether more consequential than in typical Global North legal systems. In the United States, oaths serve primarily to remind witnesses of their legal duty to testify truthfully. Although some oaths in the U.S. justice system include the tagline “so help me God,” the consequences of swearing falsely are mostly legal: the witness may be prosecuted and punished for perjury. Any possible divine sanction is vague and temporally remote. In contrast, under Nigerien customary law divine punishment for those who swear false oaths is imminent and dreadful. Many fall ill and die within hours, days, or weeks of uttering their falsehoods. Some become fou, a French word meaning mad or crazy. A surprising number are struck by lightning. Worse yet, the sanction for swearing falsely is not confined to the dishonest individual. Members of his family may be felled by sickness, or they might starve when his crops are blighted or his grainer burns down. The consequences for swearing false oaths are deadly, and everyone understands them. This article, based in part on the author’s ethnographic fieldwork, describes and explores Niger’s customary oath swearing practices and then challenges readers to draw lessons not only about the nature of justice in Niger, but about the blinders that Global North legal scholars and lawyers wear when assessing such “exotic” practices.

Keywords: Africa, customary law, comparative law, criminal law, law and development

Suggested Citation

Kelley, Thomas A., Truth or Consequences (The Deadly Kind): Oath Swearing in Nigerien Customary Law (July 21, 2021). Available at SSRN: https://ssrn.com/abstract=3890893 or http://dx.doi.org/10.2139/ssrn.3890893

Thomas A. Kelley (Contact Author)

University of North Carolina School of Law ( email )

UNC Law Institute for Innovation
CB #3333
Chapel Hill, NC 27599-3333
United States
919-4450696 (Phone)

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