2. CUSTOMARY LAW

WHAT IS LAND?

We may quickly dispose of the question, 'what is land?' The Yoruba have no concept of the distinction, known to European law, between real and personal property or between movable and immovable property. That is, they do not recognize a legal distinction, for instance, in the sense that different rules of inheritance apply to different types of objects. They are of course conscious that the physical nature of objects will always affect the manner in which they are shared in inheritance -- land is permanent, money is easily divisible, while a gown or the right to a title is not. In this book, therefore, we shall use land to denote what the dictionary describes as 'the solid part of the earth's surface, the ground'. For this concept the Yoruba use the word ile + ̩. Rights in land are very often held by persons other than those holding rights in the house (ile) on the land. The word farm (oko) is less easy to distinguish from land but it is here taken to mean the agricultural improvements to the land -- the clearing and cultivating of it and the planting of permanent crops. Thus in Yoruba law a distinction is made between land and the improvements thereon; the distinction is furthermore made between man-made improvements and those valuable things, such as stone for building, firewood, game, wild palms, which are on the land as an act of nature.


WHAT IS LAW?

What then is law? This does not seem a difficult question but it has its pitfalls. 'The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law' was the dictum of Holmes.1 Cardozo defined law as 'a principle or rule of conduct so established as to justify a prediction with reasonable certainty that it will be enforced by the courts if its authority is challenged'. In this definition says Hoebel are four essential components -- (1) the normative element; (2) regularity; (3) courts; (4) enforcement'.2 The emphasis placed upon courts by these and other jurists has led to assertions that primitive societies without formal courts cannot therefore have law; anthropologists have rushed to reply that these primitive societies, far from being in a state of anarchy, have well-developed systems of social control. This argument need not detain us here for traditional Yoruba society with its councils of obas and chiefs sitting in a judicial capacity did in fact have courts. Hoebel has, however, redefined law in these

____________________
1
Cited in Hoebel, op. cit., p. 22.
2
op. cit., p. 23.

-13-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Yoruba Land Law
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Maps x
  • Preface xi
  • Part One - Concepts 1
  • 1. Prologue 3
  • 2. Customary Law 13
  • 3. Yoruba Towns 30
  • 4. Some Legal Concepts 60
  • Part Two - Four Kingdoms 95
  • 5. Ondo 97
  • 6. Ijebu 136
  • 7. Ado Ekiti 185
  • 8. Egba 225
  • Part Three - Some General Problems 277
  • 9. Succession 279
  • 10. Land and Credit 308
  • 11. the Sale of Land 326
  • 12. Equity 338
  • 13. Local Government Councils and Land 354
  • Appendix - The Volume of Litigation in Customary Courts 362
  • Select Bibliograph 364
  • Index 368
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 378

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.