Labour law in Australia and Nigeria: a comparative study in the sociology of legislation
Date
1992
Authors
Omaji, Paul Omojo
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Abstract
This thesis attempts a comparative sociology of the labour law in Australia and Nigeria.
It finds that there are fundamental similarities between the compulsory arbitration laws
of both countries which cannot be adequately explained, simply, in terms of race,
geography or stages of industrial development. The thesis outlines in considerable
details two broad sociological perspectives on law, the autonomy model and the social
product model, and uses the insights of these two approaches to explain the observed
similarities.
The thesis shows that the 1904 Australian law was transplanted to Nigeria in the period
1968-76. Further, it shows that although at first sight Australia in 1904 is very different
from Nigeria in 1968, the respective social circumstances (particularly the social
control traditions) were remarkably similar, thus allowing the borrowing of the
Australian legislation by Nigeria. The few differences which the thesis identifies
suggest that the borrowing was not a case of blind legal transplantation.
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Thesis (PhD)
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