‘Need for unique jurisprudence’
FIJI needs a unique jurisprudence (philosophy and theory of law) that places greater emphasis on customary laws and practices.
Minister for Home Affairs and Immigration Pio Tikoduadua highlighted this at the Fiji Law Society annual convention in Sigatoka on Friday, saying that Fiji was a sovereign nation with a rich, cultural heritage.
“Our colonial history has undoubtedly shaped many aspects of our legal system,” he said.
“It has introduced principles and frameworks that have provided a foundation for our current laws. However, as a sovereign nation with a rich cultural heritage and unique societal needs, it is crucial that we do not remain confined within the parameters set by our colonial forebears.
“Instead, we must look towards integrating our traditional knowledge, cultural values, and contemporary societal needs into our legal system.”
According to Mr Tikoduadua, a unique jurisprudence meant critically evaluating and, where necessary, redefining the legal principles that Fiji has inherited.
“Our traditional customs and societal structures offer a wealth of knowledge and guidance that can inform modern legal interpretations and solutions.
“By harmonising customary practices with contemporary legal principles, we can create a more holistic and culturally sensitive legal framework.”
He also called for further investment in legal education and research within Fiji, as well as nurturing a new generation of Fijian legal scholars and practitioners equipped with an understanding of traditional Fijian culture and modern legal practices.
“The development of our own jurisprudence in Fiji is not just a legal necessity but a cultural imperative.
“It is a journey towards asserting our national identity within the realm of law, ensuring that our legal system not only respects but also reflects and upholds the unique values and aspirations of the Fijian people.”