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The Resonance of Colonial Era Customary Codes in Contemporary Uganda

Authors :
David Brian Dennison
Source :
Potchefstroom Electronic Law Journal, Vol 22 (2019)
Publication Year :
2019
Publisher :
North-West University, 2019.

Abstract

Colonial era codifications of customary law – especially those codified in indigenous first languages – have a resilient capacity to form and inform living customary law. In the context of Mukono District, Uganda, modern conceptions of customary law are informed and shaped by colonial era codifications promulgated by the British Protectorate and the Kingdom of Buganda. This research insight offers practical benefits to those seeking to promote access to justice and human rights development in Mukono District. Such benefits speak to the potential vitality and relevance of colonial era customary codifications. Misgivings about the alien influences and exploitative purposes that distorted and corrupted colonial era codes do not warrant disregard of their active legacy within modern customary legal frameworks. The use of receptive research approaches such as those developed and modelled by Sally Falk Moore can help ensure the ongoing influence of colonial era codes are not hidden by contemporary orthodoxies and biases.

Details

Language :
Afrikaans, German, English, Dutch; Flemish
ISSN :
17273781
Volume :
22
Database :
Directory of Open Access Journals
Journal :
Potchefstroom Electronic Law Journal
Publication Type :
Academic Journal
Accession number :
edsdoj.31b81b67757b45159984df9a467bbab4
Document Type :
article
Full Text :
https://doi.org/10.17159/1727-3781/2019/v22i0a7587