Colonial rule and the ‘legal factor’ in Ghana and Lesotho

Africa ◽  
1997 ◽  
Vol 67 (1) ◽  
pp. 61-85 ◽  
Author(s):  
Roger Gocking

This article compares and contrasts the development of the legal systems of two British colonies that occuped almost opposite ends of the colonial judicial continuum: what in colonial times were known as the Gold Coast and Basutoland. Both became British colonies in the late nineteenth century, but followed considerably different paths to that status. In the case of the Gold Coast it followed centuries of contact between Europeans and the coastal peoples in this area of West Africa. In the case of Basutoland incorporation into the European world was a nineteenth-century phenomenon and far more rapid. Nevertheless, at the turn of the century, as indirect rule became the officially accepted wisdom as to how colonial peoples should be ruled, administrators in both colonies sought to make the chiefly order an integral part of the colony's administration and award its chiefs judicial responsibilities. In the Gold Coast, however, chiefly courts remained in competition with a highly developed British-style Supreme Court. In Basutoland there were basically only chiefly courts until late in the colonial period, which applied Sesotho customary law that was written down as the Laws of Lerotholi in 1903. The two-tier judicial system of the Gold Coast allowed far more contestation and was far more flexible and responsive to social changes than was the case in Basutoland. Incremental changes over time meant that the judicial system evolved far more smoothly than in Basutoland. When in the latter colony changes did not come ‘from above’ in the 1940s, there was a serious outbreak of ‘medicine murders’ that many observers felt was directly related to the chiefs losing their judicial role. Also, the colony's high court ruled against the validity of the Laws of Lerotholi in the controversial ‘Regency case’. Apart from being a return to comparative analyses of the impact of colonial rule on former African colonies, much in vogue in the 1960s, this study is an attempt to modify the emphasis on ‘cleavage’ and the ‘coercive’ that has characterised historians' approach to the study of colonial law.

1983 ◽  
Vol 24 (3) ◽  
pp. 349-368 ◽  
Author(s):  
Gerald M. McSheffrey

It has long been held by historians of the Gold Coast and more recently by historians of slavery and emancipation in Africa that the formal abolition of slavery by the British colonial government in 1874 had little discernible impact on that institution per se or on the socio-economic and political status quo in the late nineteenth-century Gold Coast. This was so, it is argued, largely because the relatively benign nature of domestic slavery and other forms of involuntary servitude in the nineteenth-century Gold Coast tended to minimize the demand for emancipation from among the servile population in the Gold Coast after formal emancipation in 1874. A wider survey of the available evidence and a reappraisal of official sources suggest, however, that not only is this view of the consequences of abolition misleading, but it has also helped to perpetuate some equally misleading myths concerning the nature and role of slavery and other forms of servitude in the nineteenth-century Gold Coast. What is demonstrated is that the servile response to abolition in the Gold Coast was much greater than historians have hitherto believed and that this was a spontaneous reaction on the part of this class against what were increasingly exploitative and oppressive forms of slavery and servitude in the nineteenth century. The latter, it is shown, was a prominent by-product of the process of socio-economic change in the nineteenth-century Gold Coast which has all but been ignored by historians, most of whom have been taken in by what is described as the official mythology of domestic slavery in the Gold Coast. This official mythology which was rooted in the belief that slavery and other forms of servitude in the Gold Coast were domestic or patriarchal in character and relatively benign in practice was, it is argued, simply an attempt to rationalize the retention of an institution which was essential to the operation of the system of legitimate trade in the nineteenth-century Gold Coast. The extent of the servile response to formal emancipation in 1874 was a surprise, however, to inexperienced British officials on the Gold Coast who had come to believe in their own mythology, so that abolition presented a short-lived crisis for the British colonial administration. Successive colonial administrations on the Gold Coast, therefore, were forced to all but nullify the operation of the abolition ordinances of 1874 until the advent of a colonial economy after 1900 made traditional forms of involuntary labour expendable.


2003 ◽  
Vol 30 ◽  
pp. 11-36 ◽  
Author(s):  
Kwabena O. Akurang-Parry

In a recent book, El Dorado in West Africa, Raymond E. Dumett examines the history of gold-mining in Wassa Fiase in the Western Province of the Gold Coast during the last three decades of the nineteenth century. Among other thematic preoccupations, Dumett argues that until the late 1890s the British colonial authorities did very little to encourage capitalist gold-mining in Wassa Fiase. Resurrecting the ghost of local crisis, he argues that the colonial intervention in Wassa Fiase was due to king Enimil Kwao's ineptitude, structural conflict inherent in chieftaincy, and problems of African rulers' territorial jurisdictions.Dumett also asserts that it was a forceful London-based antislavcry lobby and Governor George Strahan's tactlessness that drove the colonial state to intervene in Wassa Fiase. Although Britain was at the center stage of the unprecedented global commodification of gold in the late nineteenth century, Dumett evokes serendipity as the cause of the British colonial intervention in the gold-rich Wassa Fiase. Overall, his explication of the aims and processes of colonial rule in Wassa Fiase is couched in theses of an “unpredictable course” and “a government policy (more rather a nonpolicy) [sic] riddled with vacillation and half measures…”The first part of the present study reviews the literature, while the second section, based on new official sources and newspaper accounts, gives additional insights into Enimil Kwao's slave-dealing trial and his consequent exile to Lagos, hence reevaluates the objectives of the colonial state and the Colonial Office. The study complements the work of Francis Agbodeka and Paul Rosenblum, who have respectively argued that colonial rule in Wassa Fiase paved the way for capitalist gold-mining.


Modern Italy ◽  
2020 ◽  
pp. 1-16
Author(s):  
Omar Mazzotti ◽  
Massimo Fornasari

This article examines the dissemination of agricultural education in primary schools in the Romagna, an important rural area in post-unification Italy. The topic is explored within a wider perspective, analysing the impact of institutional changes – at both the national and local levels – on the transmission of agricultural knowledge in primary education during the final quarter of the nineteenth century. Two particular elements of the process are examined: students, as the intended beneficiaries of the educational process; and teachers, who as well as having a key role in reducing the extent of illiteracy were sometimes also involved in disseminating agricultural knowledge. The transfer of that knowledge appears to have been a very challenging task, not least because of the scant interest that Italy's ruling class showed towards this issue. However, increasing importance seems to have been given to agricultural education in primary schools during the economic crisis of the 1880s, when the expansion of this provision was thought to be among the factors that might help to prepare the ground for the hoped-for ‘agricultural revolution’.


2021 ◽  
pp. 1-41
Author(s):  
W. Walker Hanlon ◽  
Casper Worm Hansen ◽  
Jake Kantor

Using novel weekly mortality data for London spanning 1866-1965, we analyze the changing relationship between temperature and mortality as the city developed. Our main results show that warm weeks led to elevated mortality in the late nineteenth century, mainly due to infant deaths from digestive diseases. However, this pattern largely disappeared after WWI as infant digestive diseases became less prevalent. The resulting change in the temperature-mortality relationship meant that thousands of heat-related deaths—equal to 0.9-1.4 percent of all deaths— were averted. These findings show that improving the disease environment can dramatically alter the impact of high temperature on mortality.


2021 ◽  
Author(s):  
Sebastian Schwecke

Starting in the late nineteenth century, colonial rule in India took an active interest in regulating financial markets beyond the bridgeheads of European capital in intercontinental trade. Regulatory efforts were part of a modernizing project seeking to produce alignments between British and Indian business procedures, and to create the financial basis for incipient industrialization in India. For vast sections of Indian society, however, they pushed credit/debt relations into the realm of extra-legality, while the new, regulated agents of finance remained incapable (and unwilling) of serving their needs. Combining historical and ethnographic approaches, the book questions underlying assumptions of modernization in finance that continue to prevail in postcolonial India, and delineates the socioeconomic responses they produced, and studies the reputational economies of debt that have emerged instead – extra-legal markets embedded into communication flows on trust and reputation that have turned out to be significantly more exploitative than their colonial predecessors.


2012 ◽  
Vol 19 (2) ◽  
Author(s):  
Jacopo Crivellaro

This essay analyses the legal regime of Capitulations in Egypt at the apogee of European abuse of the privilege in the Nineteenth Century. Capitulations were trade oriented prerogatives granted to the European merchants by the Sultan of the Ottoman Empire during the Fifteenth and Sixteenth Century. With the weakening of the Ottoman Empire, the privileges were gradually extended to the point that they awarded foreigners substantial immunity from local jurisdiction and legislation. Once Egypt acquired a greater self-governing status with the successful campaigns of Mohammed Ali, the Capitulatory texts were further enlarged by a substantial body of customary law. Custom operated to exempt Western citizens from compliance with local legislation and immunize them from local jurisdiction. The custom acquired an even more aggressive stance when foreign residents were permitted to sue local defendants and request the application of the foreign resident’s law. Essentially, Consular tribunals, by administering an inequitable consular justice often in favour of the foreign party eviscerated the local judicial system of any authority. The practice only subsided with the institution of Mixed Courts of Jurisdiction in 1876 and the Montreaux Convention of 1936.


2021 ◽  
pp. 533-550
Author(s):  
Martin Baumann

This chapter begins with the Orientalist constructions of Eastern religions from the mid-sixteenth to the late nineteenth century. Subsequently, in Colonial Times, Asian reformers campaigned for Hinduism and Buddhism in the West leading to the establishing of the first institutions in Europe around 1900. From the 1960s onward, Europe saw the arrival of Hindu gurus and Buddhist teachers, later followed by the immigration of Asian workers and refugees. The conclusion highlights key constructions and images of Eastern religions and points to the ongoing processes of secularizationand commercialization which have repackaged practices and artefacts of Eastern religions for European preferences. The chapter argues that since the earliest encounters, Eastern religions represent both hope and promise for European philosophers, scholars, and practitioners. An awareness of the varied European imaginings enables a better understanding of the continuing fascination of Eastern religions on the part of sympathizers, practitioners, and the population in general.


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