About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

35 Ind. L.J. 433 (1959-1960)
Colonial Law in Tropical Africa: The Conflict between English, Islamic and Customary Law

handle is hein.journals/indana35 and id is 439 raw text is: COLONIAL LAW IN TROPICAL AFRICA: THE CONFLICT BETWEEN ENGLISH, ISLAMIC AND CUSTOMARY LAW J. N. D. ANDERSONt Some of you may have seen in the New York Times, an account of a speech made to the members of the South African Parliament by the British Prime Minister. In this speech Mr. Macmillan spoke of the awakening of a national consciousness among many formerly dependent peoples, and more particularly of the strength of African national con- sciousness today. The wind is blowing through this continent, he said; and anyone who has visited Africa in the recent past will endorse this statement. But Mr. Macmillan went on to say that Britain's aim in those territories for which she still has responsibilities is not only to raise the material standards of life, but to create a society in which men are given the opportunity to grow to their full stature-on the foundation of Christianity and the rule of law as the basis of a free society. We are concerned with the legal problems-complex and important as they are-of these rapidly developing colonies. Recently I took part in a conferences, under Lord Jenning's chairmanship, on The Future of the Law in Africa, at which we discussed the three systems-the Eng- lish, the customary, and the Islamic-which co-exist in so many of these territories today. But how, it may well be asked, did this situation come about? First then, the English law. When the English colonists first settled in America, they were regarded as having brought the common law with them. This was because it was previously a barbarous country, in which no law which was considered worthy of the name was in force. It is, indeed, on this basis that international lawyers normally distinguish between countries which have seen settled, conquered or ceded; for where a country which already possesses any adequate system of law passes, by one means or another, under alien rule, the existing laws are regarded as continuing in force unless or until they are specifically replaced. Examples of all these phenomena may be found in Africa. But in all those African territories which are, or were, parts of the British Commonwealth, this consideration is of no more than academic interest today, for in each the application of English law-within suitable limits- is now governed by some Order in Council issued by the Crown. And t Professor of Oriental Law, and Director of Institute of Advanced Legal Studies, University of London.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most