Legal History and Historiography in Colonial Sub-Saharan Africa
- Richard WallerRichard WallerIndependent Scholar
Increasingly, the study of law in colonial Africa has moved out of the domain of legal scholarship per se, where it had its origins in the 1940s, and into that of social and cultural history; it has also shifted from a rules-based approach, primarily concerned with legal codes and judicial institutions, to one that focuses on process and explores the complex relationship between law and culture. As the field has expanded, it has divided into sub-branches. Some remain within the scope of legal history, defined as the study of how legal codes and judicial procedures have developed and changed and of the issues of principle that arose; others are more concerned with the social impact of law, how the establishment of colonial legal regimes, including customary law and the courts where cases could be heard, presented new dilemmas and opportunities and altered the distribution of power in African communities. Beyond this, historians have also used legal records, especially court records, as social documents without being directly concerned with their particular legal and judicial contexts. Once their limitations and the difficulties of interpretation that they present have been understood, such records offer potentially rich insights into family and household affairs as well as into more obviously civil or criminal matters.