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The Adaptation of Imported Law in Africa1
Published online by Cambridge University Press: 28 July 2009
Extract
British administration in overseas countries has conferred no greater benefit than English law and justice. That may be a trite observation, but I offer no apology. It has been said so often by so many people—as many laymen as lawyers and perhaps more Africans than Englishmen—that it must be assumed to be true. But what, in this context, are English law and justice, or similar expressions (it is put in many different ways) to be taken to comprehend ? I have heard one or two lawyers who have served overseas speak as if there were a rebuttable presumption that anything suitable for this country should be acceptable for a country in Africa. Even if that were true, and I am sure it is not, it would not that all English legal rules and institutions are appropriate for Africa, for they are not even suitable for England. It is only too true that the law is sometimes “an ass”. Not so often as some laymen like to claim, though laymen may be fair judges of what is good sense in law. I well remember how as a law student I became impatient with principles, especially in the law of torts and the rules of evidence, which to my mind left a large gap between law on the one hand and justice or common sense on the other. I am well aware that in my critical attitude I was at one with the majority, and all lawyers must welcome the labours of the Law Reform Committees, which have borne fruit in a steady stream of important Bills during the last thirty years.
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- Copyright © School of Oriental and African Studies 1960
References
page 67 note 1 17 C.A.R. 99.
page 68 note 1 [1915] A.C. 847.
page 68 note 2 [1955] 1 All E.R. 646; [1956] I Q..B. I.
page 69 note 1 [957]J.A.L. 23.
page 70 note 1 Ubi sup.
page 72 note 1 At p. 32.
page 62 note 2 At p. 121.
page 75 note 1 [1953] 2 Q.B 482.
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