This book tells the story of a nation organised on the basis of folk law, or custom. This is unusual, since most nations in the world today are based on statutory law, or legislation. Statutory law is designed by politicians, whereas customary law consists of the rules that judges discern in the customary behaviour of people.
For most of its existence, humankind lived by customary law. But in very recent centuries statutory law, consisting mainly of regulation imposed by domestic or foreign rulers, has become the norm. This happened in Somalia as it did elsewhere. In 1991, however, the Somalis returned to their customary law. The Somali nation is the first in modern history to do that.
Somalis are strongly attached to their customary law, and they cherish the judges who adjudicate and enforce it. Foreigners may regard this as stubborn chauvinism, but Somalis believe they have good reasons. In this book I shall analyse their reasons, first describing their law as it functions today and then evaluating it to see why it is that, despite a number of evident weaknesses, Somalis value it so highly. I shall then speculate in what direction the Somali nation might develop and the effects that could have on other African nations. Finally, I shall evaluate United Nations policy with respect to Somalia. (pg. 10)
