Broadly, the concept of social exclusion denotes a condition in which people are unable to voice ... more Broadly, the concept of social exclusion denotes a condition in which people are unable to voice their opinion freely and fully in matters affecting their lives. It often manifests as unequal respect for, and protection of people's rights based on gender, age, race, and similar demographics. Social inclusion has become a concern for policy development and implementation, particularly in cultural matters, where tensions often arise between traditional norms and universalist State laws. In this context, bridewealth payment in Southern Nigeria presents an intriguing lens for examining social exclusion. Here, women's exclusion from their own bridewealth negotiation illustrates the interplay of agency and unequal power relations, two LAW DEMOCRACY & DEVELOPMENT
The distortion of the meaning of bride wealth: significance for the evolution of living customary... more The distortion of the meaning of bride wealth: significance for the evolution of living customary law in southeast Nigeria Submitted for the approval of Senate in partial fulfilment of the requirements for an LL.M (Comparative Law in Africa-course work and dissertation) degree of the
Journal of Contemporary African Studies, Jul 2, 2020
State laws purport to exercise dominion, notwithstanding people's preferences for other normative... more State laws purport to exercise dominion, notwithstanding people's preferences for other normative orderings. In Nigeria, an example of this claim is the Limitation of Dowry Law, which purports to regulate the payment of bridewealth. However, the effectiveness of this law is so poor that it is practically a zombie law. So, to what extent do non-state laws wield normative authority in the context of legal and institutional pluralism in SouthEast Nigeria? Using a needs-based approach and field data collected in 2016, this paper argues that the Dowry Law demonstrates how people are not impressed with policies that purport to regulate their lives without adequate sensitivity to the lived realities that influence their social choices. It further argues that the effectiveness of legal pluralism is dependent on the interaction of indigenous foundational values, laws with the cultural autonomy and economic needs of people who observe non-state laws.
In most communities in sub-Saharan Africa, the definition of a child is culturally, politically, ... more In most communities in sub-Saharan Africa, the definition of a child is culturally, politically, and socially unspecific and varied. The variance in meanings ascribed to a child is evident in legislative definitions, especially on the issue of child marriage. Child marriage, a human rights violation is a legal or customary union in which one or both spouses are below the age of 18. This practice is prevalent in most communities in sub-Saharan Africa. Arguably, it robs children of the opportunity to enjoy childhood and experience dependence, protection, and care. Rather, it turns them into protectors, nurturers, and providers. Children are shoved with the responsibility of being parents through child marriage. Thus, creating no demarcation between the role and responsibility of an adult and a child. Given that children are ill-prepared for marriage and its concomitant elements such as sex, psychological, emotional and physical maturity to be spouses and possibly parents, this paper argues that the journey to self-discovery and identity is at the intersection of culture, law, and religion. The clash between religious and cultural autonomy is a pervasive problem for national and international laws, one that arises because of claims of immunity from child protection and marriage provisions on the grounds of cultural or religious autonomy. Informed by observation during fieldwork in Southern African countries and literature on cultural relativism, this paper suggests that the clash between cultural autonomy and child marriage prohibition is best addressed through a legal pluralist perspective. This perspective seeks to bridge the gap between customary law, national laws, and international treaties, and requires sensitivity to the economic and socio-cultural factors behind the persistence of child marriage.
Declaration I declare that 'The interplay of structure and agency: The negotiation process of bri... more Declaration I declare that 'The interplay of structure and agency: The negotiation process of bridewealth payment in SouthEast Nigeria' has not been previously submitted in whole or in part and will not be submitted by me for a degree at any other university. I further declare that this is my own work in design and execution, and that all the materials relied on have been properly acknowledged.
Broadly, the concept of social exclusion denotes a condition in which peopie are unabie to voice ... more Broadly, the concept of social exclusion denotes a condition in which peopie are unabie to voice their opinion freeiy and fuiiy in matters affecting their iives. It often manifests as unequai respect for, and protection of people's rights based on gender, age, race, and simiiar demographics. Sociai inciusion has become a concern for poiicy deveiopment and impiementation, particuiariy in cuiturai matters, where tensions often arise between traditionai norms and universaiist State iaws. In this context, brideweaith payment in Southern Nigeria presents an intriguing iens for examining social exclusion. Here, women's exciusion from their own brideweaith negotiation iiiustrates the interpiay of agency and unequai power reiations, two twin elements that affect access to justice and policy development. So, in what ways does women's exclusion from bridewealth negotiation broaden understanding of access to justice and development programming? This article argues that women's ...
State laws purport to exercise dominion, notwithstanding people’s preferences for other normative... more State laws purport to exercise dominion, notwithstanding people’s preferences for other normative orderings. In Nigeria, an example of this claim is the Limitation of Dowry Law, which purports to regulate the payment of bridewealth. However, the effectiveness of this law is so poor that it is practically a zombie law. So, to what extent do non-state laws wield normative authority in the context of legal and institutional pluralism in South-East Nigeria? Using a needs-based approach and field data collected in 2016, this paper argues that the Dowry Law demonstrates how people are not impressed with policies that purport to regulate their lives without adequate sensitivity to the lived realities that influence their social choices. It further argues that the effectiveness of legal pluralism is dependent on the interaction of the values of indigenous law with the cultural autonomy and economic needs of people who observe non-state laws.
The problem of gender disparity persists in Nigeria despite international treaties, conventions a... more The problem of gender disparity persists in Nigeria despite international treaties, conventions and the 1999 Constitution. Research shows that Nigeria’s plural legal system stifles the advancement of women’s rights by creating loopholes for patriarchal customary laws to thrive. This is especially the case in South-East Nigeria, where culture assigns an inferior status to women. Although the Constitution and international treaties provide for equality irrespective of gender, the uncertain place of customary law in the legal system render these provisions unrealisable. Using examples from marriage and succession, this paper examines the implications of the disconnection between law and practice in the context of women’s rights in South-East Nigeria. It argues that this disconnection has serious implications for legal pluralism and the effectiveness of development projects. It reveals the consequences of this disconnection on constitutional legitimacy and policy development in Nigeria.
The fate of marriage gifts during a customary law divorce is significant for the interaction of l... more The fate of marriage gifts during a customary law divorce is significant for the interaction of legal orders in sub-Saharan Africa, especially in the context of scholars' fixation with conflict of laws. In analysing this fatet, this article introduces normative intersectionality as a theoretical framework for a nuanced understanding of how laws and socio-economic forces interact in post-colonial settings. Normative intersectionality rejects a legal positivist view of rights, which neglects people's adaptation of indigenous norms to socioeconomic changes. In this sense, normative intersectionality is useful for addressing the traditional Igbo law of matrimonial property, which regards a married woman's property rights as subsumed in her husband's rights. Using the division of marriage gifts in Southern Nigeria as a case study, the article draws attention to how legal orders speak to, rather than against, each other, and in so doing, stresses the adaptive character of ...
In most communities in sub-Saharan Africa, the definition of a child is culturally, politically, ... more In most communities in sub-Saharan Africa, the definition of a child is culturally, politically, and socially unspecific and varied. The variance in meanings ascribed to a child is evident in legislative definitions, especially on the issue of child marriage. Child marriage, a human rights violation is a legal or customary union in which one or both spouses are below the age of 18. This practice is prevalent in most communities in sub-Saharan Africa. Arguably, it robs children of the opportunity to enjoy childhood and experience dependence, protection, and care. Rather, it turns them into protectors, nurturers, and providers. Children are shoved with the responsibility of being parents through child marriage. Thus, creating no demarcation between the role and responsibility of an adult and a child. Given that children are ill-prepared for marriage and its concomitant elements such as sex, psychological, emotional and physical maturity to be spouses and possibly parents, this paper argues that the journey to self-discovery and identity is at the intersection of culture, law, and religion. The clash between religious and cultural autonomy is a pervasive problem for national and international laws, one that arises because of claims of immunity from child protection and marriage provisions on the grounds of cultural or religious autonomy. Informed by observation during fieldwork in Southern African countries and literature on cultural relativism, this paper suggests that the clash between cultural autonomy and child marriage prohibition is best addressed through a legal pluralist perspective. This perspective seeks to bridge the gap between customary law, national laws, and international treaties, and requires sensitivity to the economic and socio-cultural factors behind the persistence of child marriage.
Broadly, the concept of social exclusion denotes a condition in which people are unable to voice ... more Broadly, the concept of social exclusion denotes a condition in which people are unable to voice their opinion freely and fully in matters affecting their lives. It often manifests as unequal respect for, and protection of people's rights based on gender, age, race, and similar demographics. Social inclusion has become a concern for policy development and implementation, particularly in cultural matters, where tensions often arise between traditional norms and universalist State laws. In this context, bridewealth payment in Southern Nigeria presents an intriguing lens for examining social exclusion. Here, women's exclusion from their own bridewealth negotiation illustrates the interplay of agency and unequal power relations, two LAW DEMOCRACY & DEVELOPMENT
The distortion of the meaning of bride wealth: significance for the evolution of living customary... more The distortion of the meaning of bride wealth: significance for the evolution of living customary law in southeast Nigeria Submitted for the approval of Senate in partial fulfilment of the requirements for an LL.M (Comparative Law in Africa-course work and dissertation) degree of the
Journal of Contemporary African Studies, Jul 2, 2020
State laws purport to exercise dominion, notwithstanding people's preferences for other normative... more State laws purport to exercise dominion, notwithstanding people's preferences for other normative orderings. In Nigeria, an example of this claim is the Limitation of Dowry Law, which purports to regulate the payment of bridewealth. However, the effectiveness of this law is so poor that it is practically a zombie law. So, to what extent do non-state laws wield normative authority in the context of legal and institutional pluralism in SouthEast Nigeria? Using a needs-based approach and field data collected in 2016, this paper argues that the Dowry Law demonstrates how people are not impressed with policies that purport to regulate their lives without adequate sensitivity to the lived realities that influence their social choices. It further argues that the effectiveness of legal pluralism is dependent on the interaction of indigenous foundational values, laws with the cultural autonomy and economic needs of people who observe non-state laws.
In most communities in sub-Saharan Africa, the definition of a child is culturally, politically, ... more In most communities in sub-Saharan Africa, the definition of a child is culturally, politically, and socially unspecific and varied. The variance in meanings ascribed to a child is evident in legislative definitions, especially on the issue of child marriage. Child marriage, a human rights violation is a legal or customary union in which one or both spouses are below the age of 18. This practice is prevalent in most communities in sub-Saharan Africa. Arguably, it robs children of the opportunity to enjoy childhood and experience dependence, protection, and care. Rather, it turns them into protectors, nurturers, and providers. Children are shoved with the responsibility of being parents through child marriage. Thus, creating no demarcation between the role and responsibility of an adult and a child. Given that children are ill-prepared for marriage and its concomitant elements such as sex, psychological, emotional and physical maturity to be spouses and possibly parents, this paper argues that the journey to self-discovery and identity is at the intersection of culture, law, and religion. The clash between religious and cultural autonomy is a pervasive problem for national and international laws, one that arises because of claims of immunity from child protection and marriage provisions on the grounds of cultural or religious autonomy. Informed by observation during fieldwork in Southern African countries and literature on cultural relativism, this paper suggests that the clash between cultural autonomy and child marriage prohibition is best addressed through a legal pluralist perspective. This perspective seeks to bridge the gap between customary law, national laws, and international treaties, and requires sensitivity to the economic and socio-cultural factors behind the persistence of child marriage.
Declaration I declare that 'The interplay of structure and agency: The negotiation process of bri... more Declaration I declare that 'The interplay of structure and agency: The negotiation process of bridewealth payment in SouthEast Nigeria' has not been previously submitted in whole or in part and will not be submitted by me for a degree at any other university. I further declare that this is my own work in design and execution, and that all the materials relied on have been properly acknowledged.
Broadly, the concept of social exclusion denotes a condition in which peopie are unabie to voice ... more Broadly, the concept of social exclusion denotes a condition in which peopie are unabie to voice their opinion freeiy and fuiiy in matters affecting their iives. It often manifests as unequai respect for, and protection of people's rights based on gender, age, race, and simiiar demographics. Sociai inciusion has become a concern for poiicy deveiopment and impiementation, particuiariy in cuiturai matters, where tensions often arise between traditionai norms and universaiist State iaws. In this context, brideweaith payment in Southern Nigeria presents an intriguing iens for examining social exclusion. Here, women's exciusion from their own brideweaith negotiation iiiustrates the interpiay of agency and unequai power reiations, two twin elements that affect access to justice and policy development. So, in what ways does women's exclusion from bridewealth negotiation broaden understanding of access to justice and development programming? This article argues that women's ...
State laws purport to exercise dominion, notwithstanding people’s preferences for other normative... more State laws purport to exercise dominion, notwithstanding people’s preferences for other normative orderings. In Nigeria, an example of this claim is the Limitation of Dowry Law, which purports to regulate the payment of bridewealth. However, the effectiveness of this law is so poor that it is practically a zombie law. So, to what extent do non-state laws wield normative authority in the context of legal and institutional pluralism in South-East Nigeria? Using a needs-based approach and field data collected in 2016, this paper argues that the Dowry Law demonstrates how people are not impressed with policies that purport to regulate their lives without adequate sensitivity to the lived realities that influence their social choices. It further argues that the effectiveness of legal pluralism is dependent on the interaction of the values of indigenous law with the cultural autonomy and economic needs of people who observe non-state laws.
The problem of gender disparity persists in Nigeria despite international treaties, conventions a... more The problem of gender disparity persists in Nigeria despite international treaties, conventions and the 1999 Constitution. Research shows that Nigeria’s plural legal system stifles the advancement of women’s rights by creating loopholes for patriarchal customary laws to thrive. This is especially the case in South-East Nigeria, where culture assigns an inferior status to women. Although the Constitution and international treaties provide for equality irrespective of gender, the uncertain place of customary law in the legal system render these provisions unrealisable. Using examples from marriage and succession, this paper examines the implications of the disconnection between law and practice in the context of women’s rights in South-East Nigeria. It argues that this disconnection has serious implications for legal pluralism and the effectiveness of development projects. It reveals the consequences of this disconnection on constitutional legitimacy and policy development in Nigeria.
The fate of marriage gifts during a customary law divorce is significant for the interaction of l... more The fate of marriage gifts during a customary law divorce is significant for the interaction of legal orders in sub-Saharan Africa, especially in the context of scholars' fixation with conflict of laws. In analysing this fatet, this article introduces normative intersectionality as a theoretical framework for a nuanced understanding of how laws and socio-economic forces interact in post-colonial settings. Normative intersectionality rejects a legal positivist view of rights, which neglects people's adaptation of indigenous norms to socioeconomic changes. In this sense, normative intersectionality is useful for addressing the traditional Igbo law of matrimonial property, which regards a married woman's property rights as subsumed in her husband's rights. Using the division of marriage gifts in Southern Nigeria as a case study, the article draws attention to how legal orders speak to, rather than against, each other, and in so doing, stresses the adaptive character of ...
In most communities in sub-Saharan Africa, the definition of a child is culturally, politically, ... more In most communities in sub-Saharan Africa, the definition of a child is culturally, politically, and socially unspecific and varied. The variance in meanings ascribed to a child is evident in legislative definitions, especially on the issue of child marriage. Child marriage, a human rights violation is a legal or customary union in which one or both spouses are below the age of 18. This practice is prevalent in most communities in sub-Saharan Africa. Arguably, it robs children of the opportunity to enjoy childhood and experience dependence, protection, and care. Rather, it turns them into protectors, nurturers, and providers. Children are shoved with the responsibility of being parents through child marriage. Thus, creating no demarcation between the role and responsibility of an adult and a child. Given that children are ill-prepared for marriage and its concomitant elements such as sex, psychological, emotional and physical maturity to be spouses and possibly parents, this paper argues that the journey to self-discovery and identity is at the intersection of culture, law, and religion. The clash between religious and cultural autonomy is a pervasive problem for national and international laws, one that arises because of claims of immunity from child protection and marriage provisions on the grounds of cultural or religious autonomy. Informed by observation during fieldwork in Southern African countries and literature on cultural relativism, this paper suggests that the clash between cultural autonomy and child marriage prohibition is best addressed through a legal pluralist perspective. This perspective seeks to bridge the gap between customary law, national laws, and international treaties, and requires sensitivity to the economic and socio-cultural factors behind the persistence of child marriage.
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