Corsi di Studio del Dipartimento di Culture, Politica e Società

Law shapes and is shaped by social, political and cultural institutions and practices. In this
course you will be introduced to key concepts in socio-legal studies and to scholarship in, on
and, particularly, from Africa, that provide insights into the relationship between law and
other social institutions on the continent. Africa is a large and diverse continent. The course
explores shared themes of concern to African intellectuals, including aspects of law and
colonialism, as well as country-specific engagements with law, particularly in postcolonial
Africa. It moves from broad conceptual questions about the nature of African law to
considering the ways in which laws are mobilized and contested by African legal actors and
by ordinary citizens to address contemporary social concerns relating to, amongst others,
land, sexuality, women’s rights, and access to justice.
Throughout the course we will consider questions of universal interest that arise – and are
best addressed – at the intersections of legal, social, political and economic fields, including
why some laws are made (or enforced) and others are not, the institutional barriers to
effective implementation of law, the reasons why citizens turn to the law (or not) to address
their disputes, the distributional effects of law, and the functioning of police, prosecutors,
courts and prisons – as well as the other forms of social regulation that fill the gaps in
between. As such, the course provides participants with an opportunity both to learn about
and from Africa.
Drawing on the description above, the course aims to familiarize students with some of
the following topics:
• Debates on the nature of “African Law”.
• Living customary law and vernacular dispute management processes.
• The relationship between law and colonialism, and its enduring impact on African
legal systems.
• Legal pluralism, legal culture, interlegality and hybridity in post-colonial Africa.
• The rule of law, human rights and access to justice in Africa.
• African debates on transitional justice.
• Law on the books versus law in action and the challenges of law-making and
implementation

• Law on the books versus law in action and the challenges of law-making and implementation.

At the end of this course, students should be in position to demonstrate:
• Knowledge of key concepts and theories for understanding the relationship
between law and society, and an ability to apply these to the African context.
• An understanding of the complex and dynamic relationship between received
Western law and institutions, religious laws and (other) vernacular laws in Africa,
and of the challenges for societies embedded in multiple and overlapping legal
orders.
• Insight into African intellectual contestations about human rights, access to justice,
and the rule of law in Africa.
• The ability to engage in interdisciplinary analysis of African legal issues, drawing on
an understanding of the nexus between law and the broader economic, cultural and
political context.
• A sound knowledge of key debates in African law and society, drawing on
acquaintance with the work of African scholars.

The course will cover the following ground:

1. Africa, Law and Society
2. Legal Pluralism and Interlegality
3. Law and Colonialism in Africa
4. African Law, Customary Law or Vernacular Law?
5. Living Customary Law
6. Vernacular Dispute Management & Traditional Courts
7. Constituting the post-colonial state in Africa
8. When is the past not the past? On irresolution and revolution
9. Human Rights, Rule of Law & Access to Justice
10. Just Transitions?
11. Women’s Rights
12. Human Security
13. Violence Against Women and Children
14. LGBTQIA+ Rights
15. Lawyers and Judges

For more details, see the course outline on Moodle 

Structure: The course consists of 36 hours of lectures, seminars and small group activities.
You are expected to play an active part in learning the content and skills that are necessary
to excel in this course. The course starts by providing an overview of key debates in African
Law and Society before moving on to consider a number of selected topics, including land,
health, women’s rights, LGBTQIA+ rights and gender-based violence. Once a week, usually
on a Wednesday, we will take the class entirely on line and enjoy the company of eminent
African scholars working on issues of law and society. Please check the schedule carefully
Readings: The course is reading-intensive and some reading is required in advance of each
class in order to fully participate. The readings will also form the basis of a short response
papers to be submitted before class. While each reading is deserving of close and careful
reading and we hope you will return to and continue to learn from them, in order to cover
the material required for this course you will need to read with purpose, specifically learning
to identify major themes and arguments. All readings are loaded onto the Moodle site for
the course.

Papers and presentations, for both attending and non attending students.

Further details will be provided later

All the other texts and documents are listed in the course outline available on Moodle. They will be made available online before the beginning of the course.