“Reforming the law of intestate succession in a legally plural Ghana”

Hammond, Ama Fowa

doi:10.1080/07329113.2019.1594564

Cited by 8 publications

(3 citation statements)

References 11 publications

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“…Therefore, we can see CHRAJ as a bridge between traditional and statutory institutions, which shows the constant negotiation between many legal orders ( Sieder & Barrera, 2017). Hammond ( 2019) argued that the concessional approach to adjudication of p roperty-sharing cases is more practical and can reduce conf lict and legitimacy disputes. The approaches that CHRAJ uses also raise questions about the hybridity rather than binary legal orders since customary institutions are also consulted in these cases.…”

Section: The Commission On Human Rights and Administrative Justicementioning

confidence: 99%

Agricultural Commercialization, Gender Equality and the Right to Food

Martignoni¹,

Gironde²,

Golay³

et al. 2022

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The authors' fascinating comparisons between Ghana and Cambodia tease out the complex and complicated relationship between agriculture commercialization, gender, and food security. Many of the chapters provide new insights and specific policy recommendations about the links between agricultural commercialization, food security, gender, and the right to food that could be applied across multiple countries."

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Section: The Commission On Human Rights and Administrative Justicementioning

confidence: 99%

Agricultural Commercialization, Gender Equality and the Right to Food

Martignoni¹,

Gironde²,

Golay³

et al. 2022

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“…A woman who relies upon this extended family for material support would have a great disincentive to claim these rights (Akoto 2013). Additionally, because families tend to contribute so much support to their members – material, monetary or time – some Ghanaians continue to baulk at the idea that a widow and children should inherit the fruits of the family labour (as they should be beneficiaries of their own matriline) (Hammond 2019). Nevertheless, there is evidence that wives and children in Ghana are increasingly able to inherit property in this manner (Manuh 1997: 85–6; Britwum et al .…”

Section: Persistence and Limits Of Women's Legal Victoriesmentioning

confidence: 99%

When do women win in legally plural systems? Evidence from Ghana and Senegal

Hern

2022

J. Mod. Afr. Stud.

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Africa's plural legal systems are often doubly bad for women: reinforcing patriarchal threads in indigenous practices while layering male-dominated Anglo-European laws atop. While these systems generally work to their detriment, women are sometimes able to take advantage of them. Under what conditions are women able to ‘win’ in Africa's plural legal systems? I examine women's interactions with the plural colonial court systems in the Gold Coast and Senegal. Based on an analysis of original court records in each country, I argue that women are more likely to win in plural legal systems in areas of operational ambiguity where applicable legal principles are contradictory. Leveraging this ambiguity enabled women in the Gold Coast and Senegal to win rights around inheritance and divorce, respectively. These victories were codified post-independence, though women face social pressures against exercising them.

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“…1, 1989, pp. 128-132;Hammond, A., Reforming the Law of Intestate Succession in a Legally Plural Ghana, Journal of Legal Pluralism and UnofficialLaw, vol. 51, no.…”

mentioning

confidence: 99%

Intestacy Laws and the Influences of Colonialism – The Case of Kenya, in Comparison with the English and Australian Laws of Succession

Kodiyo

2021

Zbornik PFZ

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Intestacy law is derived from the traditional values, but it can be also under the influences of societies across the world. As a field of private law, the law of intestate succession can, in the long run, resist the non-voluntary, i.e., imposed reception of such rules of and forced by a coloniser. Compared to the flexible regulations, e.g., of the law of obligations, which are therefore more capable of legal transplant, intestate succession is based on deeply enrooted customs of a nation. Thus, these rules can rigidly persist under the pressure of colonisation. Kenya and Australia, two countries with significant differences in their cultural and legal traditions, were, in a diverse way, colonised by England. The article analyses the intestacy laws in these three countries, with the emphasis on Kenya. It especially discusses the reasons for pushing for strong intestacy laws to protect the widow in Kenyan Laws compared with the Australian and English Laws.

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“Reforming the law of intestate succession in a legally plural Ghana”

Cited by 8 publications

References 11 publications

Agricultural Commercialization, Gender Equality and the Right to Food

Agricultural Commercialization, Gender Equality and the Right to Food

When do women win in legally plural systems? Evidence from Ghana and Senegal

Intestacy Laws and the Influences of Colonialism – The Case of Kenya, in Comparison with the English and Australian Laws of Succession

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