A false start: law and development in the context of a colonial legacy

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Periodical article

Title:	A false start: law and development in the context of a colonial legacy
Authors:	Gaay Fortman, Bas de Mihyo, Paschal
Year:	1993
Periodical:	Verfassung und Recht in Übersee
Volume:	26
Issue:	2
Pages:	136-161
Language:	English
Geographic term:	developing countries
Subjects:	colonialism law
Abstract:	This paper discusses the colonial context of law in the so-called developing countries. In the first part, the authors examine the nature of colonial rule, paying specific attention to its political, social and economic aspects. Part 2 deals with the legal implications of colonial rule. In part 3 the colonial legal heritage is traced in present manifestations of law and public policy. Here, the focus is on Africa. Finally, some conclusions are drawn. Throughout the authors argue that the colonial legal legacy must be regarded as a major constraint to people-centred development. The uncritical absorption of the colonial legal legacy at independence, in combination with developmentalism, has produced disastrous effects in the lives of African people. The unmaking of a substantial part of existing State policies and laws is seen by the authors as a necessary condition for starting an authentic process of new institution-building. (Abbreviated version of a paper which was published in October 1991 as 'Working Paper' no. 112 of the Institute of Social Studies, The Hague.) Ref., sum. (p. 133).