The Customary Law of Tort in Sub-Saharan Africa

Research output: Chapter in Book/Conference paperChapter

Abstract

This chapter concentrates specifically on traditional tort systems in Sub-Saharan Africa as distinct from the received common law of tort transplanted into Africa through colonization. Preliminary to this core focus, the Chapter analyses the received common law tort and legal systems in Sub-Saharan Africa. The chapter argues that collective conscience and collective representations serve as the foundation of the law and order in African contexts because kinship (social relationships derived from consanguinity, marriage and adoption) remains the fundamental basis for the organization of social groups and relationships and around which the fabric of social life is built and regulated in Africa. This explains why customary law of tort in Sub-Saharan Africa seeks to protect the interests of not only the individual but more so that of the collective social system within the individual is located. The collective orientation of African culture explains the focus of Sub-Saharan Africa customary law of tort on insults and abusive language and familial and marital protections.
Original languageEnglish
Title of host publicationComparative Tort Law
Subtitle of host publicationGlobal Perspectives
EditorsMauro Busanni, Anthony Sebok
Place of PublicationUnited Kingdom
PublisherEdward Elgar Publishing
Chapter21
Pages443-468
Number of pages26
Edition2nd
ISBN (Electronic)9781789905984
ISBN (Print)9781789905977
DOIs
Publication statusPublished - 2021

Fingerprint

Dive into the research topics of 'The Customary Law of Tort in Sub-Saharan Africa'. Together they form a unique fingerprint.

Cite this