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Family Law and Social Change Among the Toro of Uganda

Published online by Cambridge University Press:  28 July 2009

Extract

Jane Collier has stated that “the long preoccupation in legal studies with explaining the gap between law and behaviour has precluded the search for a more complex model of relations between law and society that accepts the gap as given”. The purpose of this paper is to further document the need for a more complex model of the relations between law and society. One question now gaining currency is: what is the relationship of law to social change? Some observers claim that “the question is no longer whether law is a significant vehicle of social change but rather how it so functions and what special problems arise”. Others regard law as a potential cause of social problems. A serious debate has thus emerged over whether law works at all to effect change and, if so, for whose benefit. This is a complex question. Legal impact studies for example, have revealed some unintended consequences of law-in-action. Moreover, it is often difficult to isolate the main effect of a legal policy, and in any case, social scientists and policymakers alike are interested in longer-range, indirect effects. It is useful, therefore, to distinguish between the direct and indirect aspects of the role of law. Given this complexity, we may usefully rephrase the question as follows: what conditions or factors affect the relationship between law and society, including social change?

Type
Research Article
Copyright
Copyright © School of Oriental and African Studies 1985

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References

1 Collier, Jane F., “Legal Processes”, (1975) 4 Annual Review of Anthropology 121.Google Scholar

2 Moore, Sally F., “Law and Anthropology” in Siegal, B. J. ed., Biennial Review of Anthropology, Stanford, 1969, 252 at 282ff.Google Scholar

3 Selznick, P., “The Sociology of Law”, in (1968) 9 International Encyclopedia of the Social Sciences, 50–59, at 56.Google Scholar

4 Rose, A. M., “Law and the Causation of Social Problems”, (1968) 16 Social Problems 3343.Google Scholar

5 Schwartz, R. D., “Moral Order and Sociology of Law: Trends, Problems and Prospects”, (1978) 4 Annual Review ofSociology, 577 at 582 and 584.Google Scholar

6 Dror, Y., “Law and Social Change”, in Grossman, J. B. and Grossman, M. H., eds., Law and Change in Modem America, Pacific Palisades, California, 1971, 36 at 41.Google Scholar

7 Perlman, M. L., “The Changing Status and Role of Women in Toro”, (1966) 6 Cahiers d'Etudes Africaines, 564Google Scholar, “Law and the Status of Women in Uganda: a Systematic Comparison of the Ganda and the Torro”, in Tropical Man, Yearbook of the Department of Anthropology of the Royal Tropical Institute, Amsterdam, volume 2, 1970, 60106Google Scholar and “Children Born Out of Wedlock and the Status of Women in Toro (Uganda), (19751976) 29 Rural Africana, 95119.Google Scholar

8 Perlman, . 1966, loc. cit.Google Scholar

9 For general discussion, see Zimring, Franklin and Hawkins, , “The Legal Threat as an Instrument of Social Change”, (1971) 27 Journal of Social Issues, 3348.CrossRefGoogle Scholar

10 See issues discussed in Friedman, L. M. and Macaulay, S., Law and the Behavioral Science, Indianapolis, 1969.Google Scholar

11 Friedmann, W., Law in a Changing Society, London, 2nd ed., 1972, 44.Google Scholar

12 Moore, , loc. cit., 283.Google Scholar

13 See Perlman, , 1970, loc. cit., for a detailed examination of the relationship between law and the status of women among the Toro and the Ganda.Google Scholar

14 Zimring, Franklin and Hawkins, , loc. cit.Google Scholar

15 Collier, , Law and Social Change in Zinacantan, Stanford, 1973, 244.Google Scholar

16 Perlman, , 1970, loc. cit.Google Scholar

17 For two useful surveys of the literature on general systems theory, see Young, O. R., “A Survey of General Systems Theory”, (1964) 9 General Systems, 6180Google Scholar and McLoughlin, J. B. and Webster, Judith N., “Cybernetic and general-system approaches to urban and regional research: a review of the literature”, (1970) 2 Environment and Planning, 369408.Google Scholar