A close look at legal transplantation: it’s effect on Kenyan customary marriages

Simple item page
dc.contributor.authorMogeni, Amber Shannon
dc.date.accessioned2021-12-15T08:39:26Z
dc.date.available2021-12-15T08:39:26Z
dc.date.issued2021-03
dc.descriptionThe contention of the transplantation of legal systems has circulated among scholars such as Alan Watson and F. Von Savigny. Legal transplantation is defined as ‘the transfer of rules, principles and legal concepts from one or more than one legal system to another’. 1 It was first coined by Scottish-American legal scholar Alan Watson in the 1970s in Legal transplants: An approach to comparative law.’The legal system borrowing laws is referred to as the recipient system while the legal system lending laws is referred to as the donor system’. 2  In this case, Kenya is the recipient system and Britain is the donor system.en_US
dc.description.abstractLegal transplantation has had a great effect on the application of law in Kenya. The elevation and superimposition of foreign laws degraded the place of African customary law. The purpose of this study is to analyze and differentiate the effect that transplantation has had on customary marriage laws by examining the transplanted laws that brought conflict and determining the extent to which these laws are efficient in the Kenyan context. The analysis in the study will take a comparative approach in examining the development of marriage systems in Kenya and the development of British marriage systems.en_US
dc.identifier.urihttp://hdl.handle.net/11071/12261
dc.language.isoen_USen_US
dc.publisherStrathmore Universityen_US
dc.titleA close look at legal transplantation: it’s effect on Kenyan customary marriagesen_US
dc.typeLearning Objecten_US
Files
Original bundle
Now showing 1 - 1 of 1
Thumbnail Image
Name:
A close look at legal transplantation it’s effect on Kenyan customary marriages.docx
Size:
105.71 KB
Format:
Microsoft Word XML
Description:
Download
License bundle
Now showing 1 - 1 of 1
Thumbnail Image
Name:
license.txt
Size:
1.71 KB
Format:
Item-specific license agreed upon to submission
Description:
Download
Collections
LLB Research Projects (2021)