Criminal Law Blog Ghana

I was inspired to publish this simple piece because I caught myself repeatedly telling my international colleagues that Ghana is a common law country. This is a popular misconception because of our colonial heritage, because in actual fact, Ghana practices a mixed legal system. Let me explain: Law is not only a system of rules but a reflection of a society’s culture, values, and historical development. Around the world, legal systems can generally be grouped into four major legal traditions: common law, civil law, religious law, and customary law. You may be familiar with five and not four because in many countries, especially those with colonial histories or diverse populations, these traditions coexist to form mixed legal systems; the mixed legal system is sometimes referred to as the fifth tradition. Ghana offers a prime example of such a pluralistic system, combining elements of four primary legal traditions in varying degrees. Common Law Tradition The common law tradition originat...