Legal Pluralism and Customary Law: Marriage Concepts

sub judice Pluralism and ordinary Law Marriage ConceptsWhat is levelheaded plural formism?.Virtually every society is legally plural whether or not is has a colonial past including Cameroon. Legal pluralism has been existing in Cameroon for long with it legion(predicate) ethnic companys and diverse cultures. It is estimated that Cameroon has approximately 250 ethnic group and cultures with the Bangwa been 1 of the them, during colonization era, legal pluralism was intensified with the white firearms culture and constabulary also having a role to play whether or not is has a colonial past. Legal pluralism is a central theme in the reconceptualization of the law/society (S.A Merry, legal pluralism (review article),). It is also generally defined as a situation in which twain or more legal systems coexist in the same social field. (Pospil,1981 Modern and Traditional Administration of Justice in New Guinea, Griffiths 1986a What is Legal Pluralism?,. Moore S.F (1986a), Social F acts and Fabrications Customary law on Kilimanjaro, 1880-1980).To Hookers, he define is from the social science version, he provide a masterful and comprehensive overview of legal pluralism in this sense, in surveying plural legal systems in Asia, Africa, and the Middle East (1975). He define legal pluralism as circumstances in the contemporary introduction which have resulted from the transfer of whole legal systems cultural boundaries (Hookers, M.B.(1975) legal pluralism An Introduction to Colonial and Neo-colonial laws. Griffiths distinguishes betwixt the social science view of legal pluralism as an observational state of affairs in society (the coexistence within a social group of legal order that do not belong to a exclusive system) and what he calls as juristic view of legal pluralism as a particular problem, of dual legal systems created when European countries established colonies that superimposed their legal systems. To Moore (1986b), he tries to describe the new legal pluralism in which he says, the new legal pluralism moves away from questions about the effect of law on society or take down the effect of society on law towards conceptualizing a more complex and interactive relationship between official and loose form of ordering. This brings us to refer Masaji Chiba, Three dichotomies of law. An analytical scheme of legal culture, Tokai law Review,1987, he define what is official and unofficial law? Official law was defined as the legal system sanctioned by the legitimate authority of the arena, typical of which was state law directly sanctioned by the legitimate government of a state. And he also defined unofficial law as all type of law other than state law are classified as unofficial law insofar as they are not officially authorized by state law.On the other hand, customary law can be defined as a cultural construct with political implications, a set of ideas embedded in relationships that are historically shifting ( Moore, Social Facts and Fabrications Customary Law on Kilimanjaro, 1880-1980). In Cameroon customary law is a source of law in the country it is legally recognized even though in that respect are some customary law which are not in accordance to the repugnancy clause. The customary court ordinance cap 142 of 1948 applicable to Anglophone Cameroon defines customary law as the native law and custom prevailing in the area of the jurisdiction of the court so far as it is not repugnant to ingrained justice, equity and good conscience, nor incompatible either direct or by natural implication with the written law for the time being in force.What in truth is marriage? In Christendom, marriage is typically regarded as an institute and ordained by God for the lifelong relationship between one man as husband and one woman as wife. It can also be defined as a legalized social relationship between one man and one woman with the exclusion of all others (Monogamy) on the other hand marriage can be defined as union between one man with two or more wives (Polygamy). There is another form of marriage today mostly in the western world, a union between one man and another man or between one woman and another woman (Homosexual marriage). And this marriage today is of contemporary debate if in reality it should be acceptable?Customary marriage generally in Cameroon is another way of say it is polygamous marriage because the man can get wed to as many women as he intern to with or without the consent of the wife. Marriage historically in Cameroon were arranged with varying degrees of veto power by the potential bride and groom, but individual chioce stressing companionship is becoming more common. Polygamy is a goal with many groups but it is not easily financially attainable. Some women prefer small-scale polygamy for the company and mutual aid a co-wife might provide.My primary(prenominal) point of concern to this Bangwa customary marriage is how it is not inconformity with the Cameroonian Sta te law, Repugnancy clause and also Human Right of the girl child. But before I actually explain the Bangwa marriage I will give brief score of the Cameroon legal system.Cameroonian Legal SystemThe Cameroonian legal system is a relic of the colonial era, it is unique in the sense that, it consist of two distinct and often conflicting legal system, the English Common law in Anglophone Cameroon and the French Civil law in Francophone Cameroon. Cameroon is referred to as a bi-jural country ( Prof. P.Y Ntamack University Yaound-Cameroon). Cameroons legal system can be explain from pre-colonial, colonial and the post independence era. There exist diverse unwritten indigenous laws and usages which apply to the numerous ethnic groups and cultures in Cameroon. Cameroon has been ruled by the following countries Germany 1884, Britain and France 1916), and each of them had it own system of rule. The main sources of Cameroon have been shape due the two legal systems.The main sources areThe Con stitution Cameroon has passed through three constitution, 1960, 1972 and 19960.The legislation This is main the parliament.Judicial Precedent It is treated differently by the Civil law and Common law. In the Frencophone courts,