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Vol 21 No 11 Nov/Dec 2016

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A Discourse on Just and Unjust Legal Institutions in African English-speaking Countries

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Ejakait OpolotProfessor, and Coordinator of the Administration of Justice Program, Texas Southern University, USA

ISBN13: 9780773470064
ISBN: 0773470069
Published: October 2002
Publisher: The Edwin Mellen Press Ltd
Format: Hardback
Price: £94.95



This work covers the historical as well as contemporary socio-political situations in which just and unjust legal situations, law-making bodies or parliaments, office of the ombudsman, faculties of law, police, courts, and penal systems are located. It provides a context for all relevant parties - citizen groups, professional associations, educators, law-makers, judges, police officials, and prison authorities.

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Contents:
Preface i; Acknowledgments ix; Dedication v; Commendatory Preface vii; List of Tables viii
Chapter I: Introduction 1; A Commentary on a Vivid Quote 1; Inter-Related Attendant Major Themes And Issues 9; The Problem of Confidence 10; Use of Threats Against Critics 10; The Former Colonial Powers as Obstractionists 10; Lack of Checks and Balances 12; Critical Issues Surrounding the Judicial Institutions 12; Problem of Failing to Sustain Institutions in Democracy 15; Gender-Related Issues in the Back Burner 15; Post-Apartheid South Africa's Joining the Community of African Countries as a Shot in The Arm 15; The Wind of Change as Divine Intervention 16; Lessons from other Countries Simply Ignored as if History does not Matter 16; Definitions Of The Key Terms 17; Just and Unjust Legal Institutions 19; The Theoretical Perspective Focus Of The Book 20; Focus of This Book 22; Limitations in the Inquiry 23; Organization Of The Book 23; Questions For Discussion 24
Chapter II: The Colonial Courts 25; Introduction 25; Law, The Judiciary, and Courts as Social Constructs 25; Socio-Political Context in the Imposition of Colonial Laws and Related Features 29; Defining Law 33; Sources of Colonial Laws 34; Purposes of Colonial Courts 35; Dual Court Systems 35; The Origin of the Colonial Courts 38; Colonial Courts as Organizations 38; The Colonial Courts as Simply Bureaucracies 40; The Court Hierarchy 43; Distinction Between Trial and Appellate Courts 45; Special Courts: The Case for Juvenile Courts 45; Administrative Officers As Magistrates 45; The Colonial Courts Initial Institutional Relations with the Executive 46; Supervision of the Local Courts 47; Court Personnel other than the Judges and Magistrates; Neglected Area 50; The Colonial Penal Codes 51; The Establishment of the Legal System 52; Application of the Elements of The Crime Control Model 53; Elements of State Criminality 54; Distinction Between Ordinary and Political Crimes 69; Colonial Courts as Just Institutions Contrasted with Unjust Institutions 69; Anti-Colonial Movements 74; Colonial Courts Characteristics 77; Transfer of Proven Models 78; Support of Scholarly Inquiries 79; Slow Africanization of the Judiciary 82; Legal Education Obstacles 87; Examples of Beneficiaries in Colonial Rule 88; Resilient Colonial Norms, Rules, and Practices 90; Summary 91; Questions For Discussion 92
Chapter III: Post-Colonial Courts From The 1960s Through The 1980s 95