지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
이용수
초록· 키워드
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There was a time, indeed, not very long ago, when Western scholars thought and wrote that primitive and tribal societies in Africa had no laws. Of course, they saw 'law' as a word and concept of the western culture, in which there was the possible use of force, coercion, the courts and officials like judges, lawyers and policemen. Because the early European visitors to Africa did not observe such force, coercion or officials in black robes they concluded that Africa had no 'law.' For them, what 'law' the observed in Africa was European law, which had been introduced as part of the white man's colonizing and civilizing influence. What they observed in the courts of rulers like the Emire of Kano, Sokoto or Timbukto was attributed to the Islamic influence of the Arabs, who penetrated the Western Sudan in the 10th and 11 th centuries.
Be that as it may, it is now well established that every human organization, be it primitive or modem, small- or large- scale societies, whether in Africa or else where, has its own law, which it has developed or made out of its own experiences, environment and needs. Such laws aid human organizations in the task of social control and survival, just as language aid their communication, and religion support their morality. Indeed, law has always been part of a society's culture and an important aspect of its heritage, because it stems from the economic, religious, political and social processes that support the society's culture.
Law in Africa can only be seen, felt and defined according to the culture of the society or community whose law is being investigated. Just as each society has its own language, its religion and its rituals, so would it have its own history, its own culture and its own law. Africa is diverse and complex. Within this diversity, however, Africa has some unifying characteristics, especially within climatic and economic religions. In the same way, there are certain aspects of law in Africa which have common characteristics, particularly within cultural zones. For example, no indigenous African society has any law disallowing the practice of polygamy. Indeed, many African societies have laws stipulating that payment of brideprice or bridewealth was an essential condition for a valid marriage. There are laws in almost all parts of Africa which define the rules of succession and inheritance through the male line. Within these general categories, however, each society and each cultural zone would have its own particular variation of the general law.
Be that as it may, it is now well established that every human organization, be it primitive or modem, small- or large- scale societies, whether in Africa or else where, has its own law, which it has developed or made out of its own experiences, environment and needs. Such laws aid human organizations in the task of social control and survival, just as language aid their communication, and religion support their morality. Indeed, law has always been part of a society's culture and an important aspect of its heritage, because it stems from the economic, religious, political and social processes that support the society's culture.
Law in Africa can only be seen, felt and defined according to the culture of the society or community whose law is being investigated. Just as each society has its own language, its religion and its rituals, so would it have its own history, its own culture and its own law. Africa is diverse and complex. Within this diversity, however, Africa has some unifying characteristics, especially within climatic and economic religions. In the same way, there are certain aspects of law in Africa which have common characteristics, particularly within cultural zones. For example, no indigenous African society has any law disallowing the practice of polygamy. Indeed, many African societies have laws stipulating that payment of brideprice or bridewealth was an essential condition for a valid marriage. There are laws in almost all parts of Africa which define the rules of succession and inheritance through the male line. Within these general categories, however, each society and each cultural zone would have its own particular variation of the general law.
목차
1. 서론
2. 아프리카전통정부와 정치제도
3. 아프리카 전통사회에서의 법과 제도
4. 아프리카 전통사회에서의 분쟁해결 방식
5. 결론
〈참고 문헌〉
Abstract
참고문헌 (0)
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