The Concept of Equality under the Indigenous and Western Legal Systems: issues and challenges on Sustainable Development of Africa
No Thumbnail Available
Date
2022
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Scholars International Journal of Law, Crime and Justice
Abstract
Communities in Africa in the pre-colonial days lived with one another in a just and equitable manner, in love, on the
principles of ubuntu. The way of life was further sustained by the communities’ perception and equation of the land with
humanity, where everyone had equal access to the land as factor of production. The communal system which assured of
equal treatment of everyone suffered a set-back, through centuries of slave trading and the colonization and the eventual
imposition of western laws on indigenous peoples of Africa, these transformed the indigenous communities from their
classlessness into stratified un-equal societies of those who have and those who do not have. Corruption evolves as a
result of private property ownership and this further compounds in-equality, such that communal properties are unfairly
taken over by few individuals, under non-transparent privatisation of public utilities. Access to factors of production and
to justice in the post-colonial Africa is a myth on account of technicality and cost. The prospect of sustaining the precolonial equitable access to factors of production and to justice through oral tradition suffers a setback on account of the
loss of cultural archives like the African traditional religion and the indigenous languages.
Description
Keywords
Citation
Olaniyi Felix Olayinka (2022). The Concept of Equality under the Indigenous and Western Legal Systems: Issues and Challenges on Sustainable Development of Africa. Sch Int J Law Crime Justice, 5(9): N/A