Hostname: page-component-77c89778f8-m8s7h Total loading time: 0 Render date: 2024-07-16T18:20:48.604Z Has data issue: false hasContentIssue false

Change without Conflict: A Case Study of Legal Change in Tanzania

Published online by Cambridge University Press:  01 July 2024

Extract

Lawyers and anthropologists who are equally concerned with scientific and pragmatic questions have called for investigation of specific instances of legal change. Such men as Garland and Roth (1967), Healey (1964), Schiller (1965), Thompson (1968), and Twining (1964) have pointed out the need for concrete facts and figures for use in evaluating particular theories of and hypotheses about the process of legal change. In The Place of Customary Law in the National Legal Systems of East Africa, Professor Twining comments that “it would be of great value to have some intensive studies in depth of the introduction of the new courts system and the unified customary law” in Tanzania (1964: 51). He adds that “it is encouraging to hear that a private research project on similar lines is under way in Sukumaland” (1964: 59, fn. 42).

Type
Research Article
Copyright
Copyright © The Law and Society Association, 1973.

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Footnotes

AUTHOR'S NOTE: The field research (1963-65) was sponsored financially by the Foreign Area Fellowship Program; subsequent analysis of the data was supported by the National Institute of Mental Health (1965-66) and then by J. E. Nicholson, my husband. I wish to thank these sponsors and the government, magistrates and other residents of Tanzania for their most helpful assistance. I am grateful to William Garland of the University of Western Michigan for his constructive suggestions about the draft of this particular work, but I naturally accept sole responsibility for all opinions expressed and conclusions drawn.

References

AFRICAN CONFERENCE ON LOCAL COURTS AND CUSTOMARY LAW (1963) Record of the Proceedings of the African Conference on Local Courts and Customary Law. Record of the Proceedings of the African Conference on Local Courts and Customary Law: Dar es Salaam.Google Scholar
ALLOTT, A.N. (1965a) Interview. Personal record of conversation of April, 1965, in London, England.Google Scholar
ALLOTT, A.N. (1965b) “The Future of African Law,” in Hilda and Leo.CrossRefGoogle Scholar
KUPER (eds.) African Law. Berkeley: University of California Press.Google Scholar
AUSTEN, R.A. (1965) Native Policy and African Politics: Indirect Rule in Northwest Tanzania, 1889-1939. Unpublished Ph.D. dissertation. Harvard.Google Scholar
CORY, Hans (1954) The Indigenous Political System of the Sukuma and Proposals for Political Reform. The Indigenous Political System of the Sukuma and Proposals for Political Reform: The Eagle Press.Google Scholar
CORY, Hans (1953) Sukuma Law and Custom. London: Oxford University Press.Google Scholar
COTRAN, Eugene (1962) “Some Recent Developments in the Tanganyika Judicial System,” 19 Journal of African Law 26.Google Scholar
FOSTER, G.M. (1962) Traditional Cultures: and the Impact of Technological Change. New York: Harper and Row.Google Scholar
GARLAND, W. and W.J., ROTH (1967) The Intercultural Individual: A Statement of a Theory of Culture Change. Mimeo.Google Scholar
GOODENOUGH, W.H. (1966) Cooperation in Change. New York: John Wiley and Sons.Google Scholar
GULLIVER, P. (1963) Social Control in an African Society: A Study of the Arucha. London: Routledge and Kegan Paul.Google Scholar
HATFIELD, C.R. (1964) Field Notes. Personal record of conversations with Sukuma, especially Sukuma diviners, herbalists and religious practitioners.Google Scholar
HEALEY, D. (1964) Interview. Personal record of conversations of July and October, 1964, in Moshi, Tanzania.Google Scholar
HOEBEL, E.A. (1965) “Fundamental Cultural Postulates and Judicial Lawmaking in Pakistan,” 67 American Anthropologist 43.Google Scholar
HOEBEL, E.A. (1954) The Law of Primitive Man: A Study in Comparative Legal Dynamics. Cambridge, Massachusetts: Harvard University Press.CrossRefGoogle Scholar
LIEBENOW, J.G. (1960) “The Sukuma,” in A.I., RICHARDS (ed.) East African Chiefs. London: Faber and Faber, Ltd.Google Scholar
LLEWELLYN, K.N. and E.A., HOEBEL (1941) The Cheyenne Way: Conflict and Case Law in Primitive Jurisprudence. Norman, Oklahoma: University of Oklahoma Press.Google Scholar
MAGUIRE, G.A. (1969) Toward ‘Uhuru’ in Tanzania: The Politics of Participation. Cambridge, England: Cambridge University Press.Google Scholar
MALCOLM, D.W. (1953) Sukumaland: An African People and Their Country. London: Routledge and Kegan Paul.Google Scholar
MILLER, Norman (1966) Village Leadership and Modernization in Tanzania. Unpublished Ph.D. dissertation, Indiana University.Google Scholar
MOFFETT, R. (1952) “Native Courts in Tanganyika,” 4 Journal of African Administration 17.Google Scholar
NADER, Laura (1972) “Law in Today's World,” Public Lecture at Dominican College, San Rafael, California, April 17th.Google Scholar
NICHOLSON, M.E.R. (1968) Legal Change in Tanzania as Seen among the Sukuma. Unpublished Ph.D. dissertation. University of Minnesota.Google Scholar
NICHOLSON, M.E.R. (1963-65a) Field Notes. Personal record of cases, observations and interviews with Sukuma headmen, elders and others.Google Scholar
NICHOLSON, M.E.R. (1963-65b) Interviews. Personal record of conversations with supervisory and other magistrates who wish to remain anonymous.Google Scholar
SCHILLER, A.A. (1968) “Introduction,” in T.W., HUTCHISON (ed.) Africa and Law. Madison, Wisconsin: The University of Wisconsin Press.Google Scholar
SCHILLER, A.A. (1965) “Law,” in R.A., LYSTAD (ed.) African World: A Survey of Social Research, Vol. 1. New York: Frederick A. Praeger.Google Scholar
TANGANYIKA, TANGANYIKA THE GOVERNMENT (1955) The Laws of Tanganyika: Revised Laws. The Laws of Tanganyika: Revised Laws: The Government Printer.Google Scholar
TANNER, R.E.S. (1966) “The Codification of Customary Law in Tanzania,” 2 East African Law Journal 105.Google Scholar
THOMPSON, C. (1968) “The Sources of Law in the New Nations of Africa: A Case Study from the Republic of the Sudan,” in T.W., HUTCHISON (ed.) Africa and Law. Madison, Wisconsin: The University of Wisconsin Press.Google Scholar
TWINING, W. (1964a) Interview. Personal record of conversations of December, 1964, in Dar es Salaam, Tanzania.Google Scholar
TWINING, W. (1964b) The Place of Customary Law in the National Legal Systems of East Africa. Chicago: The Law School of the University of Chicago.Google Scholar
VERHELST, Thierry (1968) Safeguarding African Customary Law. Safeguarding African Customary Law: University of California.Google Scholar
WOODLEY, R. (1964) Interview. Personal record of conversation of July, 1964, in Arusha, Tanzania.Google Scholar