1. The different natures or characteristics of customary and common law; and
2. Whether you think it can be amalgamated
1. Customary law is unwritten law that is developed by a community or society based on their customs and traditions over time. It is often passed down through generations and is unique to a particular group or region. Common law, on the other hand, is a system of law that is developed by courts through the judicial decisions of judges. It is based on precedent and is applied uniformly across a country.
Customary law is generally more flexible and adaptable to changing circumstances than common law, as it is constantly evolving and can be influenced by cultural changes within a community. It is also more localized, as it is specific to a particular group or region. Common law, on the other hand, is more formalized and rigid, as it is based on legal principles and is applied uniformly across a country.
2. It is possible to amalgamate customary and common law to create a hybrid legal system, as has been done in some countries such as South Africa. However, doing so can be challenging, as there are often significant differences between the two systems. An amalgamated system would need to strike a balance between the flexibility and adaptability of customary law and the formalized principles of common law. It would also need to ensure that the rights and interests of all individuals and groups are protected. Ultimately, whether an amalgamated system is successful will depend on the particular circumstances and needs of the country or region in question.