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Showing 1 to 1 of 1 for “"Jurispathic adjudication"”.
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A critical analysis of the judicial attitude to the right to culture in the context of African customary laws
… in Western legal traditions, often adopt a jurispathic approach that distorts or abolishes indigenous norms rather than develop them under constitutional imperatives. Through an analysis of case law, the study reveals the judiciary’s tendency to prioritise common law principles/state law …