Indirect Rule and the Search for Justice: Essays in East African Legal History PDF Download

Author: Henry Francis Morris
Publisher: Oxford : Clarendon Press
ISBN:
Category : Africa, East
Languages : en
Pages : 390

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Author: Ellen R. Feingold
Publisher: Springer
ISBN: 3319696912
Category : History
Languages : en
Pages : 286

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This book is the first study of the development and decolonization of a British colonial high court in Africa. It traces the history of the High Court of Tanzania from its establishment in 1920 to the end of its institutional process of decolonization in 1971. This process involved disentangling the High Court from colonial state structures and imperial systems that were built on racial inequality while simultaneously increasing the independence of the judiciary and application of British judicial principles. Feingold weaves together the rich history of the Court with a discussion of its judges – both as members of the British Colonial Legal Service and as individuals – to explore the impacts and intersections of imperial policies, national politics, and individual initiative. Colonial Justice and Decolonization in the High Court of Tanzania is a powerful reminder of the crucial roles played by common law courts in the operation and legitimization of both colonial and post-colonial states.

Author: Robert Home (College teacher)
Publisher: PULP
ISBN: 1920538003
Category : Customary law
Languages : en
Pages : 225

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Author: Bonny Ibhawoh
Publisher: OUP Oxford
ISBN: 0191643173
Category : Law
Languages : en
Pages : 226

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Imperial Justice explores the imperial control of judicial governance and the adjudication of colonial difference in British Africa. Focusing on the Judicial Committee of the Privy Council and the colonial regional Appeal Courts for West Africa and East Africa, it examines how judicial discourses of native difference and imperial universalism in local disputes influenced practices of power in colonial settings and shaped an evolving jurisprudence of Empire. Arguing that the Imperial Appeal Courts were key sites where colonial legal modernity was fashioned, the book examines the tensions that permeated the colonial legal system such as the difficulty of upholding basic standards of British justice while at the same time allowing for local customary divergence which was thought essential to achieving that justice. The modernizing mission of British justice could only truly be achieved through recognition of local exceptionality and difference. Natives who appealed to the Courts of Empire were entitled to the same standards of justice as their 'civilized' colonists, yet the boundaries of racial, ethnic, and cultural difference somehow had to be recognized and maintained in the adjudicatory process. Meeting these divergent goals required flexibility in colonial law-making as well as in the administration of justice. In the paradox of integration and differentiation, imperial power and local cultures were not always in conflict but were sometimes complementary and mutually reinforcing. The book draws attention not only to the role of Imperial Appeal Courts in the colonies but also to the reciprocal place of colonized peoples in shaping the processes and outcomes of imperial justice. A valuable addition to British colonial literature, this book places Africa in a central role, and examines the role of the African colonies in the shaping of British Imperial jurisprudence.

Author: Thomas R. Metcalf
Publisher: Univ of California Press
ISBN: 0520933338
Category : History
Languages : en
Pages : 284

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An innovative remapping of empire, Imperial Connections offers a broad-ranging view of the workings of the British Empire in the period when the India of the Raj stood at the center of a newly globalized system of trade, investment, and migration. Thomas R. Metcalf argues that India itself became a nexus of imperial power that made possible British conquest, control, and governance across a wide arc of territory stretching from Africa to eastern Asia. His book, offering a new perspective on how imperialism operates, emphasizes transcolonial interactions and webs of influence that advanced the interests of colonial India and Britain alike. Metcalf examines such topics as law codes and administrative forms as they were shaped by Indian precedents; the Indian Army's role in securing Malaya, Africa, and Mesopotamia for the empire; the employment of Indians, especially Sikhs, in colonial policing; and the transformation of East Africa into what was almost a province of India through the construction of the Uganda railway. He concludes with a look at the decline of this Indian Ocean system after 1920 and considers how far India's participation in it opened opportunities for Indians to be a colonizing as well as a colonized people.

Author: Assaf Likhovski
Publisher: Univ of North Carolina Press
ISBN: 0807830178
Category : Law
Languages : en
Pages : 327

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One of the major questions facing the world today is the role of law in shaping identity and in balancing tradition with modernity. In an arid corner of the Mediterranean region in the first decades of the twentieth century, Mandate Palestine was confront

Author: Emily S. Burrill
Publisher: Ohio University Press
ISBN: 0821419285
Category : Family & Relationships
Languages : en
Pages : 315

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Book Description
Elizabeth Thornberry is a doctoral candidate in African history at Stanford University. --Book Jacket.

Author: Werner F. Menski
Publisher: Cambridge University Press
ISBN: 1139452711
Category : Law
Languages : en
Pages : 565

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Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.

Author: Emily S. Burrill
Publisher: Ohio University Press
ISBN: 0821445146
Category : Social Science
Languages : en
Pages : 263

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States of Marriage shows how throughout the colonial period in French Sudan (present-day Mali) the institution of marriage played a central role in how the empire defined its colonial subjects as gendered persons with certain attendant rights and privileges. The book is a modern history of the ideological debates surrounding the meaning of marriage, as well as the associated legal and sociopolitical practices in colonial and postcolonial Mali. It is also the first to use declassified court records regarding colonialist attempts to classify and categorize traditional marriage conventions in the southern region of the country. In French Sudan, as elsewhere in colonial Africa, the first stage of marriage reform consisted of efforts to codify African marriages, bridewealth transfers, and divorce proceedings in public records, rendering these social arrangements “legible” to the colonial administration. Once this essential legibility was achieved, other, more forceful interventions to control and reframe marriage became possible. This second stage of marriage reform can be traced through transformations in and by the colonial court system, African engagements with state-making processes, and formations of “gender justice.” The latter refers to gender-based notions of justice and legal rights, typically as defined by governing and administrative bodies as well as by socioxadpolitical communities. Gender justice went through a period of favoring the rights of women, to a period of favoring patriarchs, to a period of emphasizing the power of the individual—but all within the context of a paternalistic and restrictive colonial state.

Author: S. H. Fazan
Publisher: Bloomsbury Publishing
ISBN: 0857725556
Category : Biography & Autobiography
Languages : en
Pages : 424

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The coast of East Africa was considered a strategically invaluable region for the establishment of trading ports, both for Arab and Persian merchants, long prior to invasion and conquest by Europeans. In the initial stages of the scramble for Africa in the 18th century, control of the area was an aspiration for every colonial nation in Europe - but it was not until 1895 that it was finally dominated by a sole power and proclaimed The Protectorate of British East Africa. In the early 20th century, the coast was brimming with vitality as immigrants, colonisers and missionaries from Arabia, India and Europe poured in to take advantage of growing commercial opportunities - including the prospect of enslaving millions of native Africans. The development of Kenya is an exceptional tale within the history of British rule - in perhaps no other colony did nationalistic feeling evolve in conditions of such extensive social and political change. In 1911, S.H. Fazan sailed to what later became the Republic of Kenya to work for the colonial government. Immersing himself in knowledge of traditional language and law, he recorded the vast changes to local culture that he encountered after decades of working with both the British administration and the Kenyan people. This work charts the sweeping tide of social change that occurred through his career with the clarity and insight that comes with a total intimacy of a country. His memoirs examine the fascinating complexity of interaction between the colonial and native courts, commercial land reform and the revolutionised dynamic of labour relations. By further unearthing the political tensions that climaxed with the Mau Mau Revolt of 1952-1960, this invaluable work on the European colonial period paints a comprehensive and revealing firsthand account for anyone with an interest in British and African history. Fazan's story provides a quite unparalleled view of colonial Africa and the conduct of Empire across half a century.