Legal pluralism and harmonization of law: An examination of the process of reception and adoption of both civil law and common law in Cameroon and their coexistence with indigenous laws
Victoria M. Time
Abstract
Victoria M. Time
Abstract
This study focuses on how the common law and civil law, two legal systems introduced to Cameroon by Britain and France respectively, have been harmonized with traditional laws to serve the needs of Cameroon. Through studies on the legal process in Cameroon, coupled with open‐ended questions to legal practitioners, and content analysis of documents, it is evident that many of the customary laws that existed prior to colonization have been excluded from much of the governing legislation. Courts do not enforce traditional laws that are capricious and obnoxious. A critical examination of the process of harmonization reveals a gradual suppression of the common law practice.
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This study focuses on how the common law and civil law, two legal systems introduced to Cameroon by Britain and France respectively, have been harmonized with traditional laws to serve the needs of Cameroon. Through studies on the legal process in Cameroon, coupled with open‐ended questions to legal practitioners, and content analysis of documents, it is evident that many of the customary laws that existed prior to colonization have been excluded from much of the governing legislation. Courts do not enforce traditional laws that are capricious and obnoxious. A critical examination of the process of harmonization reveals a gradual suppression of the common law practice.
Key concepts: Law, Legal pluralism, Civil law (Civil law), Indigenous, Common law, Political science, Harmonization, Comparative law