The Legal Profession and Social Action in the Third World: Reflections on Tanzania and Kenya

Kapinga, Wilbert B.L.

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Title:	The Legal Profession and Social Action in the Third World: Reflections on Tanzania and Kenya
Author:	Kapinga, Wilbert B.L.
Year:	1992
Periodical:	African Journal of International and Comparative Law
Volume:	4
Pages:	874-891
Language:	English
Geographic terms:	Kenya Tanzania
Subjects:	society legal practitioners legal education Labor and Employment Law, Human Rights and Violence Politics and Government Education and Oral Traditions
External link:	http://www.heinonline.org/HOL/Page?handle=hein.journals/afjincol4&id=886&collection=journals&index=journals/afjincol
Abstract:	This article discusses the legal profession and its relation to the State and society in Kenya and Tanzania. The first part of the study provides the geopolitical context of the two countries. Part II addresses the historical matrix of the legal profession in East Africa. It examines the colonial context of the profession and its later development after independence. Part III discusses the social context of legal education in Kenya and Tanzania. It also outlines the theoretical framework of the study. An understanding of the interrelationship of the State, the legal profession and the character of political economy constitutes the basic model of the inquiry. Parts IV and V examine State-legal profession relations in Tanzania and Kenya respectively. The author addresses the role of the State in the formation of the legal profession, the exercise of the profession's autonomy and power, and the State's regulation of professional discipline. In a concluding part, the author points out that the activist role of the legal profession in these countries is peculiar to the concrete geopolitics of the Third World, and in contrast to the largely individualistic character of the profession in Western countries. Notes, ref.

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