Law in Colonial Africa

Law in Colonial Africa
Author: Kristin Mann
Publisher: James Currey
Total Pages: 284
Release: 1991
Genre: History
ISBN:

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

Colonial Legacies and the Rule of Law in Africa

Colonial Legacies and the Rule of Law in Africa
Author: Salmon A Shomade
Publisher: Routledge
Total Pages: 250
Release: 2021-12-30
Genre: Political Science
ISBN: 1000521087

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.

International Law in Post-Colonial Africa

International Law in Post-Colonial Africa
Author: Tiyanjana Maluwa
Publisher: BRILL
Total Pages: 368
Release: 2023-12-28
Genre: Law
ISBN: 9004638296

African States have contributed to the development of modern international law in various ways. This contribution can be assessed through an examination of the actual practice of these States in their interactions with each other, and with other States in the wider international community, on various matters which have a bearing on the creation of legal rules for the international community. Taken together, the case studies presented in this book demonstrate that, despite its apparent marginalization in the international system, Africa can stake a valid claim to being part of the on-going process of shaping new rules and principles of international law while strengthening existing ones. Some of the more important examples are: the broadening of the refugee definition and the principle of non-refoulement in the area of refugee law; the rights of access and transit to the sea and the concept of the exclusive economic zone in the law of the sea; the principle of uti possidetis; the concept of `peoples' rights', as distinguished from that of `human rights'; the very expansion of the traditional categorization of human rights to embrace the so-called third generation rights, such as the right to development; the Nyerere doctrine of State succession; and, in general, certain principles in the area of international fluvial law concerning the common management and utilization of shared watercourses. The discussions in this book are informed by the belief that post-colonial African States have tended to view the creation and application of international law as a historically engaged activity through which they can now empower themselves as part of the modern international community.

Disrupting Africa

Disrupting Africa
Author: Olufunmilayo B. Arewa
Publisher: Cambridge University Press
Total Pages: 665
Release: 2021-07-29
Genre: Law
ISBN: 1009064223

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.

Domestic Violence and the Law in Colonial and Postcolonial Africa

Domestic Violence and the Law in Colonial and Postcolonial Africa
Author: Emily S. Burrill
Publisher: Ohio University Press
Total Pages: 315
Release: 2010-08-15
Genre: History
ISBN: 0821443453

Domestic Violence and the Law in Colonial and Postcolonial Africa reveals the ways in which domestic space and domestic relationships take on different meanings in African contexts that extend the boundaries of family obligation, kinship, and dependency. The term domestic violence encompasses kin-based violence, marriage-based violence, gender-based violence, as well as violence between patrons and clients who shared the same domestic space. As a lived experience and as a social and historical unit of analysis, domestic violence in colonial and postcolonial Africa is complex. Using evidence drawn from Sub-saharan Africa, the chapters explore the range of domestic violence in Africa’s colonial past and its present, including taxation and the insertion of the household into the broader structure of colonial domination. African histories of domestic violence demand that scholars and activists refine the terms and analyses and pay attention to the historical legacies of contemporary problems. This collection brings into conversation historical, anthropological, legal, and activist perspectives on domestic violence in Africa and fosters a deeper understanding of the problem of domestic violence, the limits of international human rights conventions, and local and regional efforts to address the issue.

How Colonialism Preempted Modernity in Africa

How Colonialism Preempted Modernity in Africa
Author: Olúfémi Táíwò
Publisher: Indiana University Press
Total Pages: 368
Release: 2010-01-11
Genre: Biography & Autobiography
ISBN: 0253221307

Based on the idea that Africa was already becoming modern before being derailed by colonialism, the author insists that Africa can get back on track and advocates a renewed engagement with modernity. Tools toward shaping a positive future for Africa are immigration, capitalism, democracy, and globalization.

Law, Custom, and Social Order

Law, Custom, and Social Order
Author: Martin Chanock
Publisher: Heinemann Educational Publishers
Total Pages: 0
Release: 1998
Genre: Customary law
ISBN: 9780325000169

This book explores the historical formation during the colonial period of that part of African law know as customary law.

Studies in African Native Law

Studies in African Native Law
Author: Julius Lewin
Publisher: University of Pennsylvania Press
Total Pages: 188
Release: 2016-11-11
Genre: Law
ISBN: 151280388X

This book offers a firsthand examination of legal practice in colonial Africa during the first half of the twentieth century. The author evaluates the place of tribal law in the legal system of South Africa and the complex problems that arise from the conflicting laws of merging cultures. Some of the questions he asks are: What is the relation of tribal law to the common law of the country, especially on the same subject? Can tribal law be developed to keep pace with the changing conditions of tribal society? What is the future of tribal law in South Africa? These questions have sociological implications that reach far beyond the African continent and the waning colonial period during which they were posed.