Introduction
What is legal pluralism? .Virtually every society is lawfully plural whether or non is has a colonial past including Cameroon. Legal pluralism has been bing in Cameroon for long with it legion cultural groups and diverse civilizations. It is estimated that Cameroon has about 250 cultural group and civilizations with the Bangwa been one of the them, during colonisation epoch, legal pluralism was intensified with the white adult male ‘s civilization and jurisprudence besides holding a function to play whether or non is has a colonial yesteryear. Legal pluralism is a cardinal subject in the reconceptualization of the law/society ( S.A Merry, “ legal pluralism ” ( reexamine article ) , ) . It is besides by and large defined as a state of affairs in which two or more legal systems coexist in the same societal field. ( Pospil,1981 “ Modern and Traditional Administration of Justice in New Guinea, ” ; Griffiths 1986a “ What is Legal Pluralism? , ” . Moore S.F ( 1986a ) , Social Facts and Fabrications: Customary jurisprudence on Kilimanjaro, 1880-1980 ) .
To Joseph hookers, he define is from the societal scientific discipline version, he provide a consummate and comprehensive overview of legal pluralism in this sense, in appraising plural legal systems in Asia, Africa, and the Middle East ( 1975 ) . He define legal pluralism as fortunes “ in the modern-day universe which have resulted from the transportation of whole legal systems cultural boundaries ” ( Hookers, M.B. ( 1975 ) legal pluralism: An Introduction to Colonial and Neo-colonial Torahs. Griffiths distinguishes between the “ societal scientific discipline position of legal pluralism as an empirical province of personal businesss in society ( the coexistence within a societal group of legal order that do non belong to a individual “ system ” ) and what he calls as “ jural ” position of legal pluralism as a peculiar job, of double legal systems created when European states established settlements that superimposed their legal systems. To Moore ( 1986b ) , he tries to depict the new legal pluralism in which he says, the new legal pluralism moves off from inquiries about the consequence of jurisprudence on society or even the consequence of society on jurisprudence towards gestating a more complex and synergistic relationship between official and unofficial signifier of telling. This brings us to indicate Masaji Chiba, “ Three dualities of jurisprudence. An analytical strategy of legal civilization ” , Tokai jurisprudence Review,1987, he specify what is official and unofficial jurisprudence? Official jurisprudence was defined as “ the legal system sanctioned by the legitimate authorization of the state, ” typical of which was province jurisprudence “ straight sanctioned by the legitimate authorities of a province. ” And he besides defined unofficial jurisprudence as all type of jurisprudence other than province jurisprudence are classified as unofficial jurisprudence insofar as they are non officially authorized by province jurisprudence.
On the other manus, customary jurisprudence can be defined as a cultural concept with political deductions, a set of thoughts embedded in relationships that are historically switching ( Moore, Social Facts and Fabrications: Customary Law on Kilimanjaro, 1880-1980 ) . In Cameroon customary jurisprudence is a beginning of jurisprudence in the state it is lawfully recognized even though there are some customary jurisprudence which are non in conformity to the repugnancy clause. The customary tribunal regulation cap 142 of 1948 applicable to Anglophone Cameroon defines customary jurisprudence as “ the native jurisprudence and usage prevailing in the country of the legal power of the tribunal so far as it is non abhorrent to natural justness, equity and good scruples, nor incompatible either direct or by natural deduction with the written jurisprudence for the clip being in force ” .
What really is matrimony? In Christendom, matrimony is typically regarded as an institute and ordained by God for the womb-to-tomb relationship between one adult male as hubby and one adult female as married woman. It can besides be defined as a legalized societal relationship between one adult male and one adult female with the exclusion of all others ( Monogamy ) on the other manus matrimony can be defined as brotherhood between one adult male with two or more married womans ( Polygamy ) . There is another signifier of matrimony today largely in the western universe, a brotherhood between one adult male and another adult male or between one adult female and another adult female ( Homosexual matrimony ) . And this matrimony today is of modern-day argument if really it should be acceptable?
Customary matrimony by and large in Cameroon is another manner of say it is polygamous matrimony because the adult male can acquire married to as many adult females as he intern to with or without the consent of the married woman. Marriage historically in Cameroon were arranged with changing grades of veto power by the possible bride and groom, but single chioce emphasizing company is going more common. Polygamy is a end with many groups but it is non easy financially come-at-able. Some adult females prefer small-scale polygamy for the company and common assistance a co-wife might supply.
My chief point of concern to this Bangwa customary matrimony is how it is non inconformity with the Cameroonian State jurisprudence, Repugnancy Clause and besides Human Right of the miss kid. But before I really explain the Bangwa matrimony I will give brief account of the Cameroon legal system.
Cameroonian Legal System
The Cameroonian legal system is a relic of the colonial epoch, it is alone in the sense that, it consist of two distinguishable and frequently at odds legal system, the English Common jurisprudence in Anglophone Cameroon and the French Civil jurisprudence in Francophone Cameroon. Cameroon is referred to as a bi-jural state ( Prof. P.Y Ntamack University Yaound & A ; eacute ; -Cameroon ) . Cameroon ‘s legal system can be explain from ; pre-colonial, colonial and the station independency epoch. There exist diverse unwritten autochthonal Torahs and uses which apply to the legion cultural groups and civilizations in Cameroon. Cameroon has been ruled by the undermentioned states ; Germany 1884, Britain and France 1916 ) , and each of them had it ain system of regulation. The chief beginnings of Cameroon have been shape due the two legal systems.
The chief beginnings are:
- The Fundamental law: Cameroon has passed through three fundamental law, 1960, 1972 and 19960.
- The statute law: This is chief the parliament.
- Judicial Precedent: It is treated otherwise by the Civil jurisprudence and Common jurisprudence. In the Frencophone tribunals,
