African Customary Law and Modern Law from Western: An Overview on Their Roles and Impacts in African Societies

M’Begniga Abdoulaye, Professor Ma Guang

Abstract: The existence of a legal order in traditional African societies before colonization is all the more a palpable reality that the existence of a society is impossible without the presence of the rules of conducts that guide the members of society and, Therefore regulate social relations. This legal order can be attributed to the custom which is the result of the manners of society. This custom, which is a corpus of rules of popular practice, guided social relations in ancient African societies. This is to say that custom is a primitive law that produced rules of conduct to which people had to refer for their activities in accordance with these customary rules. This being so, it is necessary to recognize that the advent of modern law of Western origin has been so important for traditional African societies that it has allowed the introduction of new laws, the peaceful and equitable regulation of social relations , The separation of powers that contributed to the consolidation of the rule of law. In other words, it is clear that the advent of modern law of Western origin has contributed to the improvement and strengthening of the values of African customary law. Keywords: Customs, law, colonization, modern law, society, tradition, African customary law. Title: African Customary Law and Modern Law from Western: An Overview on Their Roles and Impacts in African Societies Author: M’Begniga Abdoulaye, Professor Ma Guang International Journal of Social Science and Humanities Research ISSN 2348-3156 (Print), ISSN 2348-3164 (online) Research Publish Journals

Vol. 5, Issue 1, January 2017 – March 2017

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African Customary Law and Modern Law from Western: An Overview on Their Roles and Impacts in African Societies by M’Begniga Abdoulaye, Professor Ma Guang