Anglophone Africa, colonial legacy and the limits of legal transplantation: should the one-legged walk on two feet?

Iheme, Williams C. (2025) Anglophone Africa, colonial legacy and the limits of legal transplantation: should the one-legged walk on two feet? Comparative Legal History. pp. 1-28. ISSN 2049-677X

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Abstract

The legal systems in Anglophone Africa were colonially inherited from Britain. Even after achieving political independence in the 1990s, neocolonialism continues to be Africa’s Achilles heel in acquiring jurisprudential independence. African lawmakers and judges continue to transplant English statutes and case law wholesale without tailoring them to suit African life. A major consequence of this trend is that African law is pluralistic and vacillates between two opposing legal philosophies: the transplanted laws are largely impervious to African legal and economic problems. The article addresses this apparent slippage by tracing and attacking the lingering vestiges of colonial influence in African legal consciousness and lawmaking. It uses transplanted (contractual) legal concepts as a laboratory for observing and testing the suitability of English legal transplants in African commercial life. It finds, among other things, that African jurisprudential independence is lacking: African intelligentsia, judges and lawmakers need to renounce their fidelity to transplanted English legal concepts and statutes by subjecting them to the scrutiny of Africanisation and by using Afrocentricity against orthodoxy as a guide for contemporary and future lawmaking.

Item Type: Article
Keywords: legal historicism | Africanisation | Afrocentricity | legal transplantation | Indirect Rule | (neo)colonialism | freedom of contract
Subjects: Social Sciences and humanities > Social Sciences > Human Rights
Social Sciences and humanities > Social Sciences > Law and Legal Studies
Social Sciences and humanities > Social Sciences > Development
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Gautam Kumar
Date Deposited: 23 May 2025 11:16
Last Modified: 23 May 2025 11:16
Official URL: https://doi.org/10.1080/2049677X.2025.2500177
URI: https://pure.jgu.edu.in/id/eprint/9563

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