ABSTRACT:
Law is as fundamental as it is ubiquitous. Its source and manifestations vary from culture to culture because they are products of historical consciousness. The traditional African societies had their own native laws even before the recrudescence of colonialism and the consequent adoption of Western legal systems in the continent. In the traditional African societies, these laws are unwritten but they are nevertheless quite comprehensible and conscientiously observed and “enforced” by the natives. Astute colonial administrators were quick to recognise this fact about the African native laws. Sir James Marshall, an experienced British judge in the then Gold Coast (now known as Ghana) and who later became the first Justice under the Royal Niger Company chartered limited which administered the colonies for the British Government made a strong recommendation to his home government for the recognition of the native laws and customs. The Times London of July 17, 1836 reported Sir Marshall’s plea as follows: Sir James Marshall’s suggestion at a recent conference at the Exhibition, that the management of these colonies should be left mainly in the hands of White trading community, is one well worthy of consideration. His testimony as to the efficiency with which the natives administer their own laws is very striking. He has sat beside native judges, and witnessed with admiration their administration of justice. These people have their own laws and customs, which are better adapted to their condition than the complicated system of English jurisprudence. The
The Journal of Value Inquiry 12/1987; 22(1):39-52. DOI:10.1007/BF00143291
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