2001
DOI: 10.1017/s0022278x01003755
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Inherited legal systems and effective rule of law: Africa and the colonial legacy

Abstract: The question of whether particular types of legal institutions influence the effectiveness of the rule of law has long been answered with conjecture. Common law lawyers and judges tend to believe that the common law system is superior. This opinion is based on the idea that the common law system inherited from the British is more able to protect the rights of the individual than civil law judicial systems. Quite the opposite point of view can be found in lawyers from civil law countries, who may view the commo… Show more

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Cited by 103 publications
(97 citation statements)
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References 29 publications
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“…This is because most public administrators received their education from abroad (and many from the United Kingdom) and continued to strengthen Western ideologies, which were already deeply implanted in the public administrative structure (Nkomo, 1986). Indeed, the impact left by colonialism is widely available in postcolonial literature (Lange, 2004;Joireman, 2001;Gandhi, 1998) In this case, the dominated mind had 'inherited' the meanings attached to professionals without resistance. Instead of 'earning' a professional status (Turner, 1985;Klegon, 1978), it is 'borrowed' or 'copied' in a post-colonial setting like Malawi.…”
Section: Tracing the Origin Of The New Perception: Postcoloniality Anmentioning
confidence: 99%
“…This is because most public administrators received their education from abroad (and many from the United Kingdom) and continued to strengthen Western ideologies, which were already deeply implanted in the public administrative structure (Nkomo, 1986). Indeed, the impact left by colonialism is widely available in postcolonial literature (Lange, 2004;Joireman, 2001;Gandhi, 1998) In this case, the dominated mind had 'inherited' the meanings attached to professionals without resistance. Instead of 'earning' a professional status (Turner, 1985;Klegon, 1978), it is 'borrowed' or 'copied' in a post-colonial setting like Malawi.…”
Section: Tracing the Origin Of The New Perception: Postcoloniality Anmentioning
confidence: 99%
“…One meaningful unifying factor, however, if we ignore the history of Ethiopia, might be the experience of Victorian colonialism and of post-Victorian post-colonialism. One legacy of these is undoubtedly the imposition of arbitrary national identities across the continent, cutting across far more complex and fluid cultural, ethnic and linguistic identities that 19 th and 20 th century Europeans would struggle to comprehend (Simpson 2008); another legacy is national quasi-European education systems and bureaucracies (Joireman, 2001;White 1996;. Given that the colonists were, at various times, Portuguese, British, French, German, Italian, Belgian and Arab, these generalisations quickly break down.…”
Section: Modernity Modernisation and Developmentmentioning
confidence: 99%
“…Codified legal systems were often introduced by settlers in their new territories where some form of legal system already existed (Joireman 2001). In South Africa, Dutch-Roman law supplanted the original tribal 'law of the land'.…”
Section: Impact Of Colonisationmentioning
confidence: 99%