The Changing Law and Law Reform in Ghana

Many books and learned articles have been written on African Law within the last two or three decades. Almost every one of them has attempted a definition of law, custom and customary law, as a basis for its particular object. Among these definitions is Elias's adaptation of Goodhart's definition of law; this definition appeals to us as it serves many purposes. That adaptive definition is: “ ‘The law of a given community is the body of rules which are recognised as obligatory…’ This recognition must be in accordance with the principles of their social imperative, because operating in every community is a dynamic of social conduct, an accepted norm of behaviour which the vast majority of its members regard as absolutely necessary for the common weal. This determinant of the ethos of the community is its social imperative.” We would not of course include within the concept of law forms of social conduct which are concerned with the less important aspects of social life, which though well-established, yet pertain only to the sphere of social formalities and when violated, merely excite the displeasure or contempt of society; we are concerned with those norms the violation of which calls for the employment of “sanctions directly affecting the liberty, property, or status of the offender (such as imprisonment, fines or loss of civil rights)”. But we would include also those “concerned with serious business of society, the work that must be accomplished in order to secure and guarantee satisfactory conditions for collective life,” which Edgar Bodenheimer classifies as “customary law”.