B2582 - DIRITTO TRADIZIONALE AFRICANO

Academic Year 2023/2024

  • Docente: Marco Cavina
  • Credits: 7
  • SSD: IUS/19
  • Language: Italian
  • Teaching Mode: Traditional lectures
  • Campus: Bologna
  • Corso: Single cycle degree programme (LMCU) in Law (cod. 9232)

Learning outcomes

The course delves into African "traditional" law in its historical-anthropological dimension, which reaches to contemporary times, but requires documented and argued reflection on the diachronic profile (16th-20th centuries), precisely because "traditions" constitute its essence.

Course contents

The course focuses on African traditional laws, in their historical development and current configuration, with particular reference to sub-Saharan West Africa (Senegal, Ivory Coast, Benin, Guinea, Mali, Niger, Mauritania, Burkina Faso, Central African Republic, Republic of Congo, Chad, Gabon, Cameroon).


It is a geographical space with no written tradition and whose specific law is given exclusively by the traditional law of the different ethnic/clan/tribal groups. The legislative/constitutional framework of European ancestry appears to be either largely disapplied in various legal fields or largely influenced by traditional institutions, which persist in marking everyday legal practice.


In particular, the lectures will focus on:


1. The sources of traditional law and their historical evolution
1. Justice, crimes and conflict resolution.
3. The problem of human rights rights, with special reference to albinos and "witches"
4. Family law and women's rights


An analytical examination of judgments (including judicial practice in the acceptance of African migrants in Italy), legislative norms and anthropological-legal dossiers is included.

Readings/Bibliography

Materiali sulla Giustizia e la Famiglia nel Diritto Tradizionale africano (circa 125 pp.) [in Virtual Learning]

Teaching methods

Oral lectures will be given in Semester I, with the support of slides. Spaces for in-depth study and discussion are provided for attending students

Assessment methods

The final exam is oral and will cover the topics indicated in the syllabus.


For attending students there will be an end-of-course test on the lessons, and an optional short paper on a topic of choice.


The awarding of the final grade will be guided by the following criteria:


Preparation on a very limited number of topics covered in the course and analytical ability emerging only with the help of the lecturer, expression in overall correct language → 18-19;
Preparation on a limited number of topics covered in the course and ability to analyze independently only on purely executive issues, expression in correct language → 20-24;
Preparation on a large number of topics covered in the course, ability to make independent choices of critical analysis, mastery of specific terminology → 25-29;
Substantially comprehensive preparation on the topics covered in the course, ability to make independent choices of critical analysis and linking, full mastery of specific terminology and ability to argue and self-reflect → 30-30L.

Teaching tools

Lectures will be supported by the projection of slides.


Students who require compensatory tools for reasons of disability or specific learning disorders may notify the teacher of their needs so that the most appropriate arrangements can be made.

Office hours

See the website of Marco Cavina