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Question 9
What is the correct term used for African customary
law that has to some extent been recorded in
writing, for example in legislation, court decisions 1.00
and textbooks?
unofficial customary law
living customary law
primary customary law
official customary law

Ask by Dawson French. in South Africa
Mar 28,2025

Upstudy AI Solution

Tutor-Verified Answer

Answer

Official customary law.

Solution

The question asks for the correct term used for African customary law that has been recorded in writing, such as in legislation, court decisions, and textbooks. The options provided are: unofficial customary law, living customary law, primary customary law, and official customary law.
  1. Unofficial customary law: This term typically refers to customs that are not formally recognized or documented.
  2. Living customary law: This refers to customs that are actively practiced and recognized in society but may not be formally documented.
  3. Primary customary law: This term is not commonly used in the context of recorded laws.
  4. Official customary law: This term refers to customary law that has been formally recognized and documented in legal texts, legislation, or court decisions.
    Given the definitions, the term that best fits the description of African customary law that has been recorded in writing is official customary law.

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The Deep Dive

The correct term is “official customary law,” which refers to the body of customary practices that have been recognized and documented through legal frameworks such as legislation, court decisions, and scholarly texts. This recognition helps bridge the gap between traditional practices and modern legal systems, ensuring that the rich cultural heritage is preserved and acknowledged in formal legal contexts.
In practice, official customary law plays a significant role in resolving disputes within communities, guiding matters such as marriage, inheritance, and land rights. By incorporating these customs into formal legislation, societies can create a more inclusive legal system that respects cultural identities while promoting justice and social cohesion. So, it’s not just a matter of formalities—it’s about marrying tradition with contemporary legal principles!

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