Правовые традиции и обычаи африканцев в правовой системе британских колоний Южной Африки (вторая половина XIX в.)

С. 36–46.

Voevodskiy A.

The article is devoted to the analysis of the activities of the British colonial authorities on the codification of the customary law of Africans in South Africa. The codes in fact were an adaptation of customary law to the needs of the colonial administration. At the same time there was a significant distortion of the legal norms and customs of Africans. For example, the authority of the supreme chief, that is, the governor, was declared absolute. He could, at his own discretion, change any law and adopt new laws. This was a complete contradiction with the traditions of Africans, for whom the collegiality in decision-making was typical. The very fact of the codification of customary law has transformed it from a flexible system of traditional legal norms and customs that could be changed in accordance with the conditions of life into an instrument of conservation and deformation of African society.

Keywords: customary law, Южная Африка, обычное право, South Africa

In book

Африканский сборник - 2017

Желтов А. Ю. СПб.: МАЭ РАН, 2017.