Applying a legal pluralist framework, this study examines the complex interrelationships between religion, law, and politics in contemporary Ghana, a professedly secular state characterised by high levels of religiousity. It aims to explore legal, cultural and moral tensions created by overlapping loci of authority (state actors, traditional leaders and religious functionaries). It contends that religion can function as an impediment to Ghana’s secularity and also serve as an integral tool for realising the state’s legal ideals and meeting international human rights standards. Using three case studies – legal tensions, child witchcraft accusations, and same-sex partnerships – the study illustrates the ways that the entangled and complicated connexions between religion and law compound Ghana’s secular orientation. It suggests that legal pluralism is not a mere analytical framework for describing tensions, but ought to be seen as part of the solution. The study contributes to advancing knowledge in the area of the interrelationships between religion and law in contemporary African public domain.
This book will be a valuable resource for those working in the areas of Law and Religion, Religious Studies, African Studies, Political Science, Legal Anthropology and Socio-legal Studies.
Introduction; 1. The Interactions of State and Non-State Legal Norms; 2. Normative Systems and Actors in Tension; 3. Child Witchcraft Occurrences and Maltreatments; 4. Religion, Law, and Same-Sex Relationships; 5. Conclusion;
The ICLARS Series on Law and Religion is designed to provide a forum for the rapidly expanding field of research in law and religion. The series is published in association with the International Consortium for Law and Religion Studies, an international network of scholars and experts of law and religion founded in 2007 with the aim of providing a place where information, data and opinions can easily be exchanged among members and made available to the broader scientific community (www.iclars.org). The series aims to become a primary source for students and scholars while presenting authors with a valuable means to reach a wide and growing readership.
The series editors are currently welcoming proposals for this new series on any matter falling under ‘law and religion’ widely defined. Collections arising from important conferences and events are welcome as well as monographs by both established names and new voices (including monographs based on doctoral dissertations). Also of interest are interdisciplinary works and studies of particular jurisdictions.