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Showing posts with the label customary law

LAW, WOMEN AND CULTURE

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 Image by Chelsi Peter from Pexels Introduction It is trite knowledge that women have a right to dignity and equality. Yet, despite the simplicity of this demand, the Kenyan society often displays an unusual ignorance towards it. This document investigates the dynamic interplay between law, women, and culture in Kenya, analyzing how legal frameworks have responded to tensions stemming from cultural norms that have historically dehumanized and marginalized women. It underscores the centrality of material conditions—most notably property ownership—as a catalyst for transformative social, economic, and political shifts. The analysis is organized into five critical domains: property rights, succession disputes, the role of the Federation of Women Lawyers (FIDA), women’s participation in leadership, and the escalating issue of femicide. Each section evaluates the impact of legal reforms, particularly those enshrined in the 2010 Kenyan Constitution, in enabling women to contest entrenc...

THE EQUITABKE PARADOX- REIMAGINING THE TENSION BETWEEN EQUITY AND COMMON LAW

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  Image from Pexels by Katrin Bolovtsova  Introduction - A Clash of Legal Philosophies The tension between equity and common law is one of the oldest puzzles in legal philosophy. Equity was designed to soften the rigid edges of common law, but it often ends up clashing with the very system it’s meant to complement. Common law thrives on precedent and predictability, while equity brings flexibility and moral considerations into the mix. This creates a dynamic interplay that can lead to both justice and uncertainty. In this article, we will explore this tension through a speculative lens, using case studies to shed light on the problem and proposing a new way to think about the relationship between equity and common law. Instead of offering definitive answers, we will engage in thought experiments and arguments, inviting reader to consider how equity might act as a corrective mechanism within the common law system. The goal is to spark dialogue and exploration, not to prescribe ...