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Punishment as a form of legal order in an African society

Abstract

Ebunoluwa Olufemi Oduwole

Punishment within any social purview is a necessary vehicle that underscores the nature, place, function and the role of law. The paper posits that law in traditional African society is a developed structure though may not be formal or literate. The paper argues further that an attempt to purge law or legal order from the issues of justice, ethics and religion will not be acceptable in traditional African Thought. Punishment in Yoruba traditional society reconciles the various schools of thought on punishment thus contributing positively to discourse in jurisprudence. It serves as a mode of administering justice and the smooth–running machinery of the society.

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