Colonial Legacies and the Rule of Law in Africa


Book Description

This book focuses on the continued impact of British colonial legacy on the rule of law in Ghana, Kenya, Nigeria, South Africa, and Zimbabwe. The legal system is intended to protect regular citizens, but within the majority of Africa the rule of law remains infused with Eurocentric cultural and linguistic tropes, which can leave its supposed beneficiaries feeling alienated from the structures intended to protect them. This book traces the impact, effect, opportunities, and challenges that the colonial legacy poses for the rule of law across Ghana, Kenya, Nigeria, South Africa, and Zimbabwe. The book examines the similarities and differences of the colonial legacy on the current legal landscape of each nation and the intersection with the rule of law. This important comparative study will be of interest to scholars of Political Science, International Studies, Law, African Politics, and British Colonial History.




Law in Colonial Africa


Book Description

Drawing on research in anthropology, history and critical legal studies the contributors conceive of law as a human construct invoked by some at the expense of others in struggles over resources, power and authority. Studying law in colonial Africa illuminates who won and who lost in these struggles over resources and authority, and uncovers the role of customary law in this process. North America: Heinemann




Independent Africa


Book Description

"My intention [is] to provide a frank criticism of the British colonial legacies to countries which I have come to love and admire and a sincere unsycophantic tribute to those who are now struggling with the problems flowing from these legacies." In this book, an expanded version of The Oliver Wendell Holmes Lectures he delivered at Harvard University in 1966, Mr. Gower first looks at some of the legacies of colonialism inherited by those nations of Tropical Africa which recently gained independence from Britain: Nigeria, Ghana, Sierra Leone, The Gambia, Kenya, Uganda, and Tanzania. These various legacies include arbitrary national boundaries imposed long before independence; British-style education, government, civil service, military forces, and police; respect for the rule of law (and a residual contempt for it as a result of colonial associations); underdeveloped and unbalanced economies; hostility toward the West, including American "dollar-imperialism," and a hypersensitivity to criticism from that quarter. Mr. Gower continues with an assessment of what has happened to these legacies since independence and what seems likely to happen to them in the next few decades. His central concern is the challenge thus implied for the indigenous legal professions, but his study has far wider implications. In conclusion Mr. Gower describes how the legal professions were organized at the time of independence in the various countries and what progress has been made in producing the kinds of lawyers needed to solve the urgent problems these countries face. He suggests what the United States can and should-and occasionally what it should not-do to help.




Muslim Family Law in Sub-Saharan Africa


Book Description

Offers comparative historical, anthropological and legal perspectives on the ways in which French and British colonial administrations interacted with the diversity of Islamic legal schools, scholars, and practices in Africa.




Disrupting Africa


Book Description

In the digital era, many African countries sit at the crossroads of a potential future that will be shaped by digital-era technologies with existing laws and institutions constructed under conditions of colonial and post-colonial authoritarian rule. In Disrupting Africa, Olufunmilayo B. Arewa examines this intersection and shows how it encompasses existing and new zones of contestation based on ethnicity, religion, region, age, and other sources of division. Arewa highlights specific collisions between the old and the new, including in the 2020 #EndSARS protests in Nigeria, which involved young people engaging with varied digital era technologies who provoked a violent response from rulers threatened by the prospect of political change. In this groundbreaking work, Arewa demonstrates how lawmaking and legal processes during and after colonialism continue to frame contexts in which digital technologies are created, implemented, regulated, and used in Africa today.




Legislative Development in Africa


Book Description

Examined the development of legislatures under colonial rule, post-colonial autocratic single party rule, and multi-party politics in Africa.




The Legacies of Law


Book Description

Focusing on South Africa during the period 1650–2000, this book examines the role of law in making democracy work in changing societies. The Legacies of Law sheds light on the neglected relationship between path dependence and the law. Meierhenrich argues that legal norms and institutions, even illiberal ones, have an important - and hitherto undertheorized - structuring effect on democratic outcomes. Under certain conditions, law appears to reduce uncertainty in democratization by invoking common cultural backgrounds and experiences. In instances where interacting adversaries share qua law reasonably convergent mental models, transitions from authoritarian rule are shown to be less intractable. Meierhenrich's historical analysis of the evolution of law - and its effects - in South Africa during the period 1650–2000, compared with a short study of Chile from 1830–1990, shows how, and when, legal norms and institutions serve as historical causes to both liberal and illiberal rule.




The Economic History of Colonialism


Book Description

Debates about the origins and effects of European rule in the non-European world have animated the field of economic history since the 1850s. This pioneering text provides a concise and accessible resource that introduces key readings, builds connections between ideas and helps students to develop informed views of colonialism as a force in shaping the modern world. With special reference to European colonialism of the nineteenth and twentieth centuries in both Asia and Africa, this book: • critically reviews the literature on colonialism and economic growth; • covers a range of different methods of analysis; • offers a comparative approach, as opposed to a collection of regional histories, deftly weaving together different themes. With debates around globalization, migration, global finance and environmental change intensifying, this authoritative account of the relationship between colonialism and economic development makes an invaluable contribution to several distinct literatures in economic history.




Law's Fragile State


Book Description

This book uncovers how colonial administrators, postcolonial governments and international aid agencies have promoted stability and their own visions of the rule of law in Sudan.