Law Reform in the Emerging Nations of Sub-Saharan Afica- Social C
➤ Gửi thông báo lỗi ⚠️ Báo cáo tài liệu vi phạmNội dung chi tiết: Law Reform in the Emerging Nations of Sub-Saharan Afica- Social C
Law Reform in the Emerging Nations of Sub-Saharan Afica- Social C
Masthead LogoWayne State UniversityLaw Faculty Research PublicationsLaw School24838Law Reform in the Emerging Nations of Sub-Saharan Afica: Social Cha Law Reform in the Emerging Nations of Sub-Saharan Afica- Social Cange and the Development of the Modern Legal SystemRobert A. SedlerHtync State L/iiivrjrtyRecommended CitationRobert Allen Sedler, Law Reform in the Emerging Nations of Sub-Saharan Afica: Social Change and the Development of the Modern Legal System, 13 St. Louis u L.J. 19$. 257 (19Ó8)Available at: h Law Reform in the Emerging Nations of Sub-Saharan Afica- Social Cttp*://digitakommons.wayne.edu/lawfrp/44ỉI bls Article is brought to you for free and open access by the lane School at IXgltali aimmons^WayncStxc. ItLaw Reform in the Emerging Nations of Sub-Saharan Afica- Social C
has been accepted tor indution in Law Faculty Research PuNxations by an authonred administrator of PigitalCucninonsộpVVayncStatc.LAW REFORM IN THE EMMasthead LogoWayne State UniversityLaw Faculty Research PublicationsLaw School24838Law Reform in the Emerging Nations of Sub-Saharan Afica: Social Cha Law Reform in the Emerging Nations of Sub-Saharan Afica- Social Caw reform revolve around changes in the law of a “developed” legal system. By the term, “developed legal system,” we mean one that has a well-defined body of law and established institutions administering that law. The changes brought about by law reform will take place within that framework, and wh Law Reform in the Emerging Nations of Sub-Saharan Afica- Social Cen such a system is examined in perspective, it is clear that law reform has been an ongoing process. The Anglo-American system as we know it—the contLaw Reform in the Emerging Nations of Sub-Saharan Afica- Social C
ent of its law and the nature of its legal institutions—has been the product of gradual and evolutionary growth.* 1 The development of the system has Masthead LogoWayne State UniversityLaw Faculty Research PublicationsLaw School24838Law Reform in the Emerging Nations of Sub-Saharan Afica: Social Cha Law Reform in the Emerging Nations of Sub-Saharan Afica- Social Chose needs. Likewise societal values change, and as they do, there are changes in the legal system to reflect the new values.2 For example, it is now recognized that, on the whole, the law of negligence was developed with a view toward meeting the problems of industrial activity and mechanization an Law Reform in the Emerging Nations of Sub-Saharan Afica- Social Cd was designed to limit the liability of new enterprises.3 As those enterprises became more secure and the risks of capital investment were somewhat rLaw Reform in the Emerging Nations of Sub-Saharan Afica- Social C
educed, different pressures were put on the legal system, and in response to them a law relating to industrial accidents emerged, of which Workmen’s CMasthead LogoWayne State UniversityLaw Faculty Research PublicationsLaw School24838Law Reform in the Emerging Nations of Sub-Saharan Afica: Social Cha Law Reform in the Emerging Nations of Sub-Saharan Afica- Social C apportionment of loss resulting from industrial• A.B., J.D., University of Pittsburgh; Professor of Law, University of Kentucky College of Law. The author was Assistant Dean and Associate Professor of Law at Haile Sellassie I University, Addis Ababa, Ethiopia, from 1963-1966.1.Dean Pound has traced Law Reform in the Emerging Nations of Sub-Saharan Afica- Social C this growth from the stage of primitive law, to strict law, to equity, and finally to the stage of maturity. Pound, Jurisprudence 367-456 (1959).2.FoLaw Reform in the Emerging Nations of Sub-Saharan Afica- Social C
r a discussion of the relationship between public opinion and new law see Friedmann, Law in a Changing Society 10-12 (1959). See generally Dicey, Law Masthead LogoWayne State UniversityLaw Faculty Research PublicationsLaw School24838Law Reform in the Emerging Nations of Sub-Saharan Afica: Social Cha Law Reform in the Emerging Nations of Sub-Saharan Afica- Social CV. Wright, [1842] 10 M. & w. 109, 152 Eng. Rep. 402, and_ Bly th V. Birmingham Waterworks, [1856] 11 Excheq. 781, 156 Eng. Rep. 1047. And see the view that "the price of progress cannot be withheld, expressed in Beatty V. Central Iowa Ry., 58 Iowa 242, 12 N.w. 332 (1882).195196SAINT LOUIS UNIVERSITY Law Reform in the Emerging Nations of Sub-Saharan Afica- Social C LAW JOURNAL [Vol. 13:195activity.4 The present trend to strict liability for harm caused by product use is a further illustration of legal change inLaw Reform in the Emerging Nations of Sub-Saharan Afica- Social C
response to changing needs and values.5 6 The law reform that has taken place has been evolutionary and has been within the framework of an establisheMasthead LogoWayne State UniversityLaw Faculty Research PublicationsLaw School24838Law Reform in the Emerging Nations of Sub-Saharan Afica: Social Cha Law Reform in the Emerging Nations of Sub-Saharan Afica- Social Cvolutionary in nature and will occur in the context of the development of a modern legal system.At present the emerging nations of sub-Saharan Africa have undertaken a process of planned societal and economic development. They are trying to transform and modernize their societies and economies as ra Law Reform in the Emerging Nations of Sub-Saharan Afica- Social Cpidly as possible so that they may enjoy “all the good things which western civilization has produced in the two millennia of its history.’*7 These naLaw Reform in the Emerging Nations of Sub-Saharan Afica- Social C
tions are in the throes of the “revolution of rising expectations.”8 9 A desữe for “equality” in this sense is a motivating force making for social anMasthead LogoWayne State UniversityLaw Faculty Research PublicationsLaw School24838Law Reform in the Emerging Nations of Sub-Saharan Afica: Social Cha Law Reform in the Emerging Nations of Sub-Saharan Afica- Social Ce will be planned economic development, and it is assumed without question that the government has the responsibility to see that it takes place.11 A major effort is being undertaken to completely modernize the subsistence economy under which the majority of Africans live,12 with its deleterious eco Law Reform in the Emerging Nations of Sub-Saharan Afica- Social Cnomic, social and psychological effects.13 The government is investing heavily in the public sector of the economy— roads, hospitals, schools, electriLaw Reform in the Emerging Nations of Sub-Saharan Afica- Social C
cal systems, dams and so forth are being built as rapidly as revenues and external assistance will permit.14 Efforts also are being made to obtain forMasthead LogoWayne State UniversityLaw Faculty Research PublicationsLaw School24838Law Reform in the Emerging Nations of Sub-Saharan Afica: Social Cha Law Reform in the Emerging Nations of Sub-Saharan Afica- Social CProblem in the Drafting of Workmen’s Compensation Acts, 25 Harv. L. Rev. 328, 401 (1912).'5.See the discussion in Prosser, Torts 672-74 (3rd ed., 1964).6.The term sub-Saharan is designed to exclude the Arabic nations of North Africa and the United Arab Republic. Some African states are predominantly Law Reform in the Emerging Nations of Sub-Saharan Afica- Social C Moslem, and in those states an additional dimension is presented in regard to the reform of Islamic law. In the present paper we will be discussing rLaw Reform in the Emerging Nations of Sub-Saharan Afica- Social C
eform of Islamic law only tangentially. On that subject see generally Anderson, Islamic Law in the Modern World (1959).7.Spiro, Politics IN Africa: PrMasthead LogoWayne State UniversityLaw Faculty Research PublicationsLaw School24838Law Reform in the Emerging Nations of Sub-Saharan Afica: Social Cha Law Reform in the Emerging Nations of Sub-Saharan Afica- Social C more and better food and clothing, automobiles and bicycles, radios and television. And they demand them now. In short, Africans demand development” Seidman, Law and Economic Development in Independent, English-Speaking, Sub-Saharan Africa, 1966 Wis. L. Real 999, 1018.9.Ward, The Rich Nations and t Law Reform in the Emerging Nations of Sub-Saharan Afica- Social Che Poor Nations 14-15 (1962).10.“The great world-wide transmitter of modernizing tendency has been without doubt—for good and evil—Western colonialismLaw Reform in the Emerging Nations of Sub-Saharan Afica- Social C
.” Id. at 51.11.See the discussion in Kamarck, The Economicsof African Development 16-17 (1967). See also Harvey, The Challenge of the Rule of Law, 59Masthead LogoWayne State UniversityLaw Faculty Research PublicationsLaw School24838Law Reform in the Emerging Nations of Sub-Saharan Afica: Social Cha Law Reform in the Emerging Nations of Sub-Saharan Afica- Social Cns current government expenditures usually runMasthead LogoWayne State UniversityLaw Faculty Research PublicationsLaw School24838Law Reform in the Emerging Nations of Sub-Saharan Afica: Social ChaGọi ngay
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