Indigenous Legal Traditions and Legal Pluralism in Africa

One fundamental question concerning African law is its classification within the broader framework of global legal systems. Although the term ‘African law’ is widely used as a general descriptor encompassing all legal systems across the continent, its very existence as a distinct category remains a subject of debate among comparative law scholars. Over time, responses to this question have varied, shaped by legal, historical, and temporal contexts. This chapter examines the evolution, defining characteristics, and interactions of African legal systems. It argues that a comprehensive understanding of contemporary African legal systems necessitates an appreciation of the diverse factors influencing their development. Comparative law must critically assess the notion that African law constitutes a single, homogeneous entity—a miscellaneous ‘family’ in which disparate legal systems merge. Instead, scholars should recognize and engage with Africa’s legal pluralism, acknowledging the diverse legal substrates that predominate in different regions of the continent.