Performing Litigation at the Queen Motherâs Court

Beverly J. Stoeltje

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Chapter One Performing Litigation at the Queen Motherâs Court

äºAccess to Justice

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Beverly J. Stoeltje

Beverly J. Stoeltje
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Page Range:: 1â21

DOI:: https://doi.org/10.1163/9789004503052_004

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Abstract

Taking the Queen Motherâs court in Kumasi, Ghana as an example of a powerful non-state judicial authority with an array of clerks, counselors and linguists, this article explores the power of the key administrative actors controlling the litigation process, namely, the okyeame â spokeswoman or spokesman for the Queen Mother, the final judge. Their roles are set in a complex gender identity in a dual gender court system (Queen Motherâs and Kingâs courts) in the Asante society, where politics rests on kinship and where each person has a complicated identity, but where selection of court personnel is based on objective qualifications of eloquence, character, knowledge of customary law, and matrilineal relationship. It is shown how the duality and complexity set into motion a checks and balances system in the exercise of legal authority. Analysis of actual court hearings illustrate how the elaborate separation of functions of all actors, including the public audience, contributes to the formation of customary law as an interplay of fact-finding, arbitration, consent, and customary rules as variously interpreted by the several actors.

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Access to Justice

The Role of Court Administrators and Lay Adjudicators in the African and Islamic Contexts

ISBN:: 9789004503052

åºçç¤¾:: Brill

å°å·åºçæ¥æ:: 01 Jan 2002

Subjects
- Middle East and Islamic Studies
  - Islamic Law

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African Studies	Education	Media Studies
American Studies	History	Middle East and Islamic Studies
Ancient Near East and Egypt	Human Rights and Humanitarian Law	Musicology
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Biblical Studies	Jewish Studies	Slavic and Eurasian Studies
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Book History and Cartography	Life Sciences	Theology and World Christianity
Classical Studies	Literature and Cultural Studies

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Chapter One Performing Litigation at the Queen Motherâs Court

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