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LLM Legal Pluralism: With special reference to Africa

RDL5616S

Legal Pluralism: with special reference to Africa,

Higher postgraduate course, Second semester.

Convenor: Prof Tom Bennett

Pre-requisites

 

Competency in written and spoken Engli sh together with sound knowledge of the general principles of law

Objective

 

To promote knowledge of legal pluralism and to stimulate academic debate, critical thinking and possible advocacy of certain of the more controversial areas, as well as those that may be affected by reforms in systems of customary law.

Course Outline

Through a combination of lectures and seminars, and a detailed analysis of a leading judgment of the South African Constitutional Court (Bhe v Magistrate of Khayelithsa), the concept of customary law; conflict of laws; human rights and cultural relativism; modes of dispute resolution; succession and inheritance; the formation, consequences and dissolution of customary marriages; customary concepts of property; history and theory of legal pluralism.

DP Requirements

Satisfactory attendance at and participation in lectures.

Assessment

An assignment counting 40% and an examination in May/June counting 60% of the final grade.