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Property Ownership And Corruption: Effect On Sustainable Development Of Africa

Author

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  • Olaniyi Felix Olayinka

    (Senior Lecturer and Head of Department, Private and Property Law, Redeemer’s University, Ede, Nigeria)

Abstract

Pre-colonial communities occupying the space now known as Africa reflected “paradise on earth†having men of integrity, selfless, with focus on community development. The bonding of man with land and the invocation of land-based – spiritual powers allowed for easy enforcement of good morals and conduct in communities. The partitioning of Africa, with the break of the existing social-cultural bonding and the consolidation under colonisation of communities in Africa made communal bonding un-sustainable. The African ubuntu concept gave way, turning an average African a potential drain on his community under a “winner takes all†syndrome, just as he grabs property indiscriminately. The western legal systems introduce private property ownership, but the legal systems in practice record huge breaches of the rule of law, truncation of justice and development. The paper precisely investigates whether development in Africa can be attained based on legal systems foreign to Africa, rather than through indigenous legal tradition.

Suggested Citation

  • Olaniyi Felix Olayinka, 2021. "Property Ownership And Corruption: Effect On Sustainable Development Of Africa," Economics & Law, Faculty of Economics, SOUTH-WEST UNIVERSITY "NEOFIT RILSKI", BLAGOEVGRAD, vol. 3(1), pages 18-37.
  • Handle: RePEc:neo:ecolaw:v:3:y:2021:i:1:p:18-37
    DOI: 10.37708/el.swu.v3i1.2
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    More about this item

    Keywords

    Indigenous legal tradition; access to justice; sustaining development;
    All these keywords.

    JEL classification:

    • K11 - Law and Economics - - Basic Areas of Law - - - Property Law
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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