Normative authority of non-state laws within legal and institutional pluralism in Nigeria

Diala, Jane C.

doi:10.1080/02589001.2020.1779197

Cited by 2 publications

(2 citation statements)

References 35 publications

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“…Just like in other SSA countries, land property rights in Nigeria are determined by a combination of statutory and customary laws [50]. Therefore, recognising the legally pluralistic contexts of the study area, this study operationalises tenure security as (i) legal security and (ii) de facto security.…”

Section: Control Variablesmentioning

confidence: 99%

Time Preferences, Land Tenure Security, and the Adoption of Sustainable Land Management Practices in Southeast Nigeria

Olumba,

Garrod,

Areal

2024

Sustainability

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Sustainable land management (SLM) practices are important for tackling agricultural land degradation. This study investigates the association between farmers’ time preferences and their adoption of SLM practices (agroforestry, terracing, and land fallow practices) with intertemporal benefits, and further documents the moderating role of land tenure security in this relationship. The analysis in the paper is based on data from a survey of 480 farmers in south-east Nigeria, complemented by semi-structured interviews. Farmers’ time preferences were elicited using both a survey and experiments with hypothetical payouts. Land tenure was conceptualised as a composite concept to suit the legally pluralistic context of the study area. This study found that many of the sampled farmers have high discount rates. The result further shows that farmers’ time preferences are negatively associated with their adoption of agroforestry and land fallow practices. Moreover, the result shows that both legal and de facto tenure security encourage the adoption of SLM practices. Other factors influencing the adoption of SLM practices include gender, household size, education, credit constraints, marital status, risk attitude, farming experience, and farm characteristics (e.g., erosion problems and steepness of slope). Furthermore, this study found that the security-enhancing effect of land tenure security (de facto) can alleviate the negative influence of time preferences on farmers’ adoption of SLM practices. The findings suggest that farmers with higher discount rates, who have secure tenure rights to land, are more likely to adopt SLM practices, compared to similar farmers without tenure security.

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Section: Control Variablesmentioning

confidence: 99%

Time Preferences, Land Tenure Security, and the Adoption of Sustainable Land Management Practices in Southeast Nigeria

Olumba,

Garrod,

Areal

2024

Sustainability

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“…Independent African states have maintained some version of the repugnancy test, generally stating that customary law cannot contradict state law. However, even where state laws may prohibit certain behaviours, there may be intense social or cultural pressure to adhere to them (Diala 2020). Legal pluralism and its attendant contradictions remain characteristic for many African countries.…”

Section: Legal Pluralism and Women's Strategiesmentioning

confidence: 99%

When do women win in legally plural systems? Evidence from Ghana and Senegal

Hern

2022

J. Mod. Afr. Stud.

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Africa's plural legal systems are often doubly bad for women: reinforcing patriarchal threads in indigenous practices while layering male-dominated Anglo-European laws atop. While these systems generally work to their detriment, women are sometimes able to take advantage of them. Under what conditions are women able to ‘win’ in Africa's plural legal systems? I examine women's interactions with the plural colonial court systems in the Gold Coast and Senegal. Based on an analysis of original court records in each country, I argue that women are more likely to win in plural legal systems in areas of operational ambiguity where applicable legal principles are contradictory. Leveraging this ambiguity enabled women in the Gold Coast and Senegal to win rights around inheritance and divorce, respectively. These victories were codified post-independence, though women face social pressures against exercising them.

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Normative authority of non-state laws within legal and institutional pluralism in Nigeria

Cited by 2 publications

References 35 publications

Time Preferences, Land Tenure Security, and the Adoption of Sustainable Land Management Practices in Southeast Nigeria

Time Preferences, Land Tenure Security, and the Adoption of Sustainable Land Management Practices in Southeast Nigeria

When do women win in legally plural systems? Evidence from Ghana and Senegal

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