African Customary Law: Sources, Courts, and Administration

Correcting Historical Misconceptions Austin in his theory of law classified African Customary Law as an example of "law improperly so-called."[1] This was an erroneous perception. Scholars like T.O. Elias changed this view. In his pioneering work, The Nature of African Customary Law (1956), Elias conclusively demonstrated that African Customary Law is law like any other system of law.[2] African Customary Law was once a complete system of law with its own sources and different divisions including Constitutional Law, Contract Law, Torts Law, Criminal Law, Property Law, Family Law, and Succession.[3] However, with European colonialism and the establishment of colonial rule, African Customary...