Religion, Law, Politics and the State in Africa: Applying Legal Pluralism in Ghana (ICLARS Series on Law and Religion)

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 religiosity. 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 connections 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. Cover Half Title Series Title Copyright Contents Acknowledgements Introduction The legal context The political situation The religious setting Chapters outline 1 The interactions of State and non-state legal norms 1.1 Introduction 1.2 Traditional legal conception and agents of law and order 1.2.1 The Supreme Being and moral sanction 1.2.2 The deities 1.2.3 The ancestral spirits 1.2.4 Earth goddess and minor spirits 1.2.5 The usages of the community 1.3 Christian influences 1.4 Introduced normative legal and political systems 1.4.1 Customary beliefs and practices under colonialism 1.4.2 Post-independence legal and political systems 1.5 Conclusion 2 Normative systems and actors in tension 2.1 Introduction 2.2 The agents of society 2.2.1 Traditional political actors 2.2.2 State actors 2.2.3 Church actors 2.3 Typologies of tensions 2.3.1 The sacred stool versus the Bible 2.3.2 The Constitution versus the sacred stool 2.3.3 The clash of sacred and secular actors 2.4 Conclusion 3 Child witchcraft occurrences and maltreatments 3.1 Introduction 3.2 Background to Ghanaian witchcraft hysteria 3.3 Changing conceptions of child witchcraft 3.4 Self-bewitchment 3.5 State and non-state legal systems on witchcraft 3.6 Non-religion derived actors 3.7 Pentecostalism and child witchcraft 3.8 Conclusion 4 Religion, law and same-sex relationships 4.1 Introduction 4.2 Religious conceptions of sexuality 4.3 The politics of homosexuality 4.3.1 Traditional social control and homosexuality 4.3.2 Church actors and politicisation of homosexuality 4.3.3 State politicisation of homosexuality 4.4 Law, human rights and homosexuality 4.4.1 Homosexuality and the law 4.4.2 Human rights challenges 4.5 Conclusion 5 Conclusion Normative implications Bibliography Index "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"-- Provided by publisher