LLM Legal Pluralism: With special reference to Africa
Legal Pluralism: with special reference to Africa,
Higher postgraduate course, Second semester.
Convenor: Prof Tom Bennett
Competency in written and spoken Engli sh together with sound knowledge of the general principles of law
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.
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.
Satisfactory attendance at and participation in lectures.
An assignment counting 40% and an examination in May/June counting 60% of the final grade.