Cameroon Judicial Institutions: The Evolution of Customary Justice
摘要
This chapter delineates the trajectory of customary law within the specific context of Cameroon, commencing with a definition of customary law through a comparative analysis with a well-established legal system, namely Common law. By highlighting shared characteristics, the chapter underscores the legitimacy of customary laws, which are often marginalised due to prevailing ideological biases, including entrenched spiritual beliefs and a frequent disregard for human rights principles. Moreover, the chapter elucidates the impact of historical phenomena, particularly colonialism, on the status and efficacy of customary law in Cameroon. Colonial authorities implemented statutory legal frameworks that imposed a repugnancy doctrine on customary law, leading many individuals to distance themselves from their legal traditions in favour of contemporary legal systems. Despite these challenges, the concluding section of the chapter emphasises sociolinguistic factors that facilitate the maintenance of customary laws in the face of more dominant legal frameworks. The social and linguistic attributes inherent in customary law play a pivotal role in its preservation and protection. However, sociocultural dynamics, such as internal migration and language contact, introduce significant challenges, thereby necessitating the adoption of language accommodation strategies in customary courts.