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Abstract: Since attaining political independence, states in sub-Saharan Africa have undertaken wide-ranging reforms of family laws. Using legislative reforms and judicial decisions, this article examines the influence of neoliberal legality on the reforms of indigenous marriage laws. It assesses the trends, commonalities and drivers of these reforms, arguing that they illustrate the unequal interaction of state and non-state legal orders in Africa. It finds that non-profit organisations funded mainly by foreign actors play influential roles in the transformation of indigenous laws. Inspired by Western acculturation and the feminist lobby, judges and legislators use the argument of modernity to mould communalistic family laws into individualistic images of equality, human dignity and non-discrimination. Paradoxically, this promotion of universalist values diminishes communal property rights and exposes traditional societies to market capitalism. The article points out the perils and opportunities presented by family law reforms, especially their propensity to construct new legal identities in Africa.
Keywords: family law reforms; neoliberalism; legal pluralism; nongovernmental organisations; market capitalism
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