论独立后津巴布韦习惯法的新趋势

The New Trend of Zimbabwe's Unwritten Law after Its Independence

习惯法得到普遍认可是非洲大陆最独特的法律现象之一。习惯法作为津巴布韦固有法,早在欧洲殖民者到来之前即已存在。津巴布韦独立后在保留了殖民者遗留的普通法的同时,仍继续适用习惯法。这些习惯法及其适用出现了新的发展趋势:习惯法得到宪法的确认和保护;呈现成文化趋势;习惯法法院被纳入全国统一的司法体系;传统部落首领成为新政府机构的组成部分;习惯法的内容也在编撰整理中得到修改等。

It is a distinctive style that the unwritten law is popularly approved in continental Africa.In Zimbabwe,the unwritten law was the native law before the European colonists arrived.After independence,the common law used by the colonists was left,but the unwritten law is also used.There appear some new trends in this written law and its application.The unwritten law is approved and admitted by the constitution.The court of the unwritten law is accepted by national united legal system.Some leaders of tribes are absorbed by new governmental organizations.Some contents of the unwritten law are revised in course of compilation.