LESSONS FROM YORUBA JURISTIC PRACTICES
Abstract
Accessing justice in contemporary African legal system is
facilitated by the wholesale estranged legacy of colonial culture and
practices over the years. The justification of this formal structure and
practice merely emphasize legal binding in its normative sense to the neglect
of traditional juristic practices. The study, therefore, examines the notion of
adjudicatory practice within the Yoruba culture in order to access and
complement the contemporary legal system. The study employs content
analysis and reconstructive methodology in philosophy. This traditional
practice filled the gap of tension on the meaning of justice among the
victim, offender and the community. This enhances understanding of how
the disputes are to be addressed, who will address it and what will be the
outcome. It underscores the Yoruba saying that ikati o seniobange (it is the
finger which offends that the king cuts). It also buttresses the judicious
imposition of punishment without antagonism and animosity. Besides, it
provokes translation of rights into reality with the provision of proportional
justice to whom his or her rights is infringed. More so, it constructively
addresses the dispensation of justice in the quickest manner possible against
the formal and cold systemic procedural nature of justice which nurtures
corruption, delay, complexity and cost
Adebayo Ayokunle Aina. (2015) THE CHALLENGES OF ACCESSING JUSTICE IN CONTEMPORARY AFRICAN SOCIETY, Al-Hikmat: A Journal of Philosophy, Volume 35, Issue 01.
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