عنوان

A Clash of Legal Norms

LA116117

انگلیسی

A Clash of Legal Norms

[Article]

Seth Tweneboah

Leiden

Brill | Nijhoff

This paper explores the reasons for proscribed sanctions and their effects on contemporary Ghana. I contend that the sacred office of the Ghanaian chief, which is legitimated by spiritual and legal norms, plays an ambivalent role in Ghana's legal and political modernization. Using banishment as a case study, the paper pays attentions to how the continued use of proscribed sanctions, among other chiefly actions, raises an ambivalent challenge to Ghana's laws, its sovereignty, and its commitment to human rights. I propose actions that may aid the state in overcoming these challenges and successfully integrating modern norms with ancient traditional values. This paper explores the reasons for proscribed sanctions and their effects on contemporary Ghana. I contend that the sacred office of the Ghanaian chief, which is legitimated by spiritual and legal norms, plays an ambivalent role in Ghana's legal and political modernization. Using banishment as a case study, the paper pays attentions to how the continued use of proscribed sanctions, among other chiefly actions, raises an ambivalent challenge to Ghana's laws, its sovereignty, and its commitment to human rights. I propose actions that may aid the state in overcoming these challenges and successfully integrating modern norms with ancient traditional values.

2017

87-116

Journal of Law, Religion and State

5/2

2212-4810

banishment

chieftaincy

Comparative Law

customary law

Ghana

History of Religion

human rights and Humanitarian Law

International Law

Islamic Law

legal pluralism

legitimacy

Middle East and Islamic Studies

Religion & Society

Religious Studies

Social Sciences

sovereignty

Seth Tweneboah

10.1163/22124810-00502001

p

[Article]

275578

a

Y