{"title":"“Reforming the law of intestate succession in a legally plural Ghana”","authors":"A. Hammond","doi":"10.1080/07329113.2019.1594564","DOIUrl":null,"url":null,"abstract":"Abstract There has been minimal compliance with Ghana’s Intestate Succession Act, 1985, (PNDC Law 111) especially by communities in rural areas whose lives are governed almost exclusively by customary law. This is because the state and customary legal systems have failed to reconcile their perceptions of law and legal responsibilities. Drawing on legal pluralism as a practical guiding framework for analyzing the relationship between states and customary legal systems, and focusing on the law of intestate succession, I argue that in order for legal reforms to be embraced, especially by rural dwellers, the state must adopt what may be termed, the mutual concession approach to legal reforms, a structured and principled discretionary approach that seeks to balance the valued interests of both legal systems, and which promises to be more agreeable to rural dwellers in ways that ensure compliance with state law.","PeriodicalId":44432,"journal":{"name":"Journal of Legal Pluralism and Unofficial Law","volume":null,"pages":null},"PeriodicalIF":0.6000,"publicationDate":"2019-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"3","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Legal Pluralism and Unofficial Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/07329113.2019.1594564","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 3
Abstract
Abstract There has been minimal compliance with Ghana’s Intestate Succession Act, 1985, (PNDC Law 111) especially by communities in rural areas whose lives are governed almost exclusively by customary law. This is because the state and customary legal systems have failed to reconcile their perceptions of law and legal responsibilities. Drawing on legal pluralism as a practical guiding framework for analyzing the relationship between states and customary legal systems, and focusing on the law of intestate succession, I argue that in order for legal reforms to be embraced, especially by rural dwellers, the state must adopt what may be termed, the mutual concession approach to legal reforms, a structured and principled discretionary approach that seeks to balance the valued interests of both legal systems, and which promises to be more agreeable to rural dwellers in ways that ensure compliance with state law.
加纳1985年颁布的《无遗嘱继承法》(PNDC Law 111)很少得到遵守，特别是在生活几乎完全受习惯法管辖的农村地区。这是因为国家法律制度和习惯法制度未能协调它们对法律和法律责任的看法。将法律多元化作为分析国家与习惯法律体系之间关系的实践指导框架，并将重点放在无遗嘱继承法上，我认为，为了让法律改革得到接受，特别是农村居民的接受，国家必须采取所谓的法律改革的相互让步方法，这是一种寻求平衡两种法律体系的价值利益的结构化和原则性酌情处理方法。它承诺在确保遵守州法律的方式上更符合农村居民的要求。
期刊介绍：
As the pioneering journal in this field The Journal of Legal Pluralism and Unofficial Law (JLP) has a long history of publishing leading scholarship in the area of legal anthropology and legal pluralism and is the only international journal dedicated to the analysis of legal pluralism. It is a refereed scholarly journal with a genuinely global reach, publishing both empirical and theoretical contributions from a variety of disciplines, including (but not restricted to) Anthropology, Legal Studies, Development Studies and interdisciplinary studies. The JLP is devoted to scholarly writing and works that further current debates in the field of legal pluralism and to disseminating new and emerging findings from fieldwork. The Journal welcomes papers that make original contributions to understanding any aspect of legal pluralism and unofficial law, anywhere in the world, both in historic and contemporary contexts. We invite high-quality, original submissions that engage with this purpose.
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