Title page i
Table of contents ii
Characteristics and Functions of law in Traditional Societies 2
Customary Law 4
Functions of law in traditional society 15
Major areas of Dispute in Traditional Society 16
Outline of the Socio-Political Structure of the Igbo Society
and its impact on law making 21
Analysis of Dispute Settlement Technique and Procedural
Methods of Adjudication. 25
Levels and types of Offences in the Traditional Igbo Societies 28
Types of Punishment/Sanctions among the Igbo Traditional
Law Enforcement Agencies Among the Igbo Traditional Society 31
The Notion and Nature of Igbo laws in Primitive Society 34
Divine Justice 39
Igbo Human Positive Laws 40
The Influence of Igbo Religion on Human Positive Law. 43
native law and customary law which the court enforces must be existing law and custom, and not that of bygone days. Therefore a custom which was once although accepted but has been abandoned has no legal validity whatsoever.
“appear to have been always subject to natives of expediency, and it shows unquestionable adaptability to altered circumstances without entirely losing its individual characteristics.”
“ the law is unwritten, there is no memory of the Edicts and decisions of past legislators or judges…… there is no pondering over legal principles, no justice analysis…… Hence, no jurisprudence, no creative conscious evolution of legal principles and doctrines, no written processes in courts.”
- The conducts of the people were regulated.
- Conflicts and disputes were limited
- There was peace and harmony in the society as very one participated in governance.
- Permanently through death
- Temporarily through imprisonment and
- Divine Laws and
- Igbo Human Positive Law.
- They are not barred between space and time
- Divine laws are eternal, not subject to change
- They are unpredictable
- They are supernatural, not made by man
- Divine laws are prescriptive in the sense that it prescribes to us how we should live our lives
- Its sanctions are heavy
- Divine laws in primitive societies are however based on the customs and traditions of the people.