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Periodical article | Leiden University catalogue | WorldCat |
Title: | Inherited Legal Systems and Effective Rule of Law: Africa and the Colonial Legacy |
Author: | Joireman, Sandra F. |
Year: | 2001 |
Periodical: | Journal of Modern African Studies |
Volume: | 39 |
Issue: | 4 |
Period: | December |
Pages: | 571-596 |
Language: | English |
Geographic term: | Africa |
Subjects: | conflict of laws rule of law private law colonialism History and Exploration Law, Human Rights and Violence |
External link: | https://www.jstor.org/stable/3557341 |
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 among lawyers from civil law countries in continental Europe, who may view the common law system as capricious and disorganized. This paper first identifies the differences between common law and civilian legal systems, and then discusses their establishment and development on the African continent. It examines two cross-national data sets that address the concept of rule of law, one set covering at least 32 African countries over the period from the early 1980s through to 1997, the other covering at least 48 African countries between 1973 and 1998. These data sets are used to probe the issue of the effectiveness of common law and civil law systems in formerly colonized countries. The comparison reveals that common law countries in Africa are generally better at providing 'rule of law' than are civil law countries. Bibliogr., notes, ref., sum. |