Introduction: Temp/orality in Law and East African Literature

2020 ◽  
pp. 1-32
Author(s):  
Peter Leman

The introductory chapter establishes a critical framework for reading oral jurisprudence in East Africa in relationship to narratives of temporality in British colonial law, colonial and postcolonial literatures, and modern law generally. I begin with a brief analysis of the 2012 trial Mutua and others v. The Foreign Commonwealth Office to illustrate the relationship between law and time and the lasting effects of the British Empire’s “crisis of modernity,” or simultaneous promotion of and retreat from modernity as it faced resistance in the colonies. I then theorize the oral-legalistic strategies that colonial subjects developed to exploit this crisis and restore, imaginatively at first, what was lost in the encounter with colonial time. Ngũgĩ wa Thiong’o has argued that orature, in particular, “played the most important role” in anti-colonial struggles, and this is so because of its relationship to the deep history of colonial law, which unwittingly empowered legalistic orature with the force of subversion as well as restoration. I conclude with a discussion of East Africa’s important but misunderstood place in the history and development of modern law.

Author(s):  
Peter Leman

“Singing the Law” is about the legal lives and afterlives of oral cultures in East Africa, particularly as they appear within the pages of written literatures during the colonial and postcolonial periods. In examining these cultures, I begin with an analysis of the cultural narratives of time and modernity that formed the foundations of British colonial law. Recognizing the contradictory nature of these narratives (i.e., they both promote and retreat from the Euro-centric ideal of temporal progress) enables us to make sense of the many representations of and experiments with non-linear, open-ended, and otherwise experimental temporalities that we find in works of East African literature that take colonial law as a subject or point of critique. Many of these works, furthermore, consciously appropriate orature as an expressive form with legal authority. This affords them the capacity to challenge the narrative foundations of colonial law and its postcolonial residues and offer alternative models of temporality and modernity that give rise, in turn, to alternative forms of legality. East Africa’s “oral jurisprudence” ultimately has implications not only for our understanding of law and literature in colonial and postcolonial contexts, but more broadly for our understanding of how the global south has shaped modern law as we know and experience it today.


Transfers ◽  
2015 ◽  
Vol 5 (2) ◽  
pp. 102-120
Author(s):  
Michael Pesek

This article describes the little-known history of military labor and transport during the East African campaign of World War I. Based on sources from German, Belgian, and British archives and publications, it considers the issue of military transport and supply in the thick of war. Traditional histories of World War I tend to be those of battles, but what follows is a history of roads and footpaths. More than a million Africans served as porters for the troops. Many paid with their lives. The organization of military labor was a huge task for the colonial and military bureaucracies for which they were hardly prepared. However, the need to organize military transport eventually initiated a process of modernization of the colonial state in the Belgian Congo and British East Africa. This process was not without backlash or failure. The Germans lost their well-developed military transport infrastructure during the Allied offensive of 1916. The British and Belgians went to war with the question of transport unresolved. They were unable to recruit enough Africans for military labor, a situation made worse by failures in the supplies by porters of food and medical care. One of the main factors that contributed to the success of German forces was the Allies' failure in the “war of legs.”


2022 ◽  
pp. 1-12
Author(s):  
Samera Esmeir

Modern state law is an expansive force that permeates life and politics. Law's histories—colonial, revolutionary, and postcolonial—tell of its constitutive centrality to the making of colonies and modern states. Its powers intertwine with life itself; they attempt to direct it, shape its most intimate spheres, decide on the constitutive line dividing public from private, and take over the space and time in which life unfolds. These powers settle in the present, eliminate past authorities, and dictate futures. Gendering and constitutive of sexual difference, law's powers endeavor to mold subjects and alter how they orient themselves to others and to the world. But these powers are neither coherent nor finite. They are ripe with contradictions and conflicting desires. They are also incapable of eliminating other authorities, paths, and horizons of living; these do not vanish but remain not only thinkable and articulable but also a resource for the living. Such are some of the overlapping and accumulative interventions of the two books under review: Sara Pursley's Familiar Futures and Judith Surkis's Sex, Law, and Sovereignty in French Algeria. What follows is an attempt to further develop these interventions by thinking with some of the books’ underlying arguments. Familiar Futures is a history of Iraq, beginning with the British colonial-mandate period and concluding with the 1958 Revolution and its immediate aftermath. Sex, Law, and Sovereignty is a history of “French Algeria” that covers a century of French colonization from 1830 to 1930. The books converge on key questions concerning how modern law and the modern state—colonial and postcolonial—articulated sexual difference and governed social and intimate life, including through the rise of personal-status law as a separate domain of law constitutive of the conjugal family. Both books are consequently also preoccupied with the relationship between sex, gender, and sovereignty. And both contain resources for living along paths not charted by the modern state and its juridical apparatus.


1935 ◽  
Vol 35 (3) ◽  
pp. 388-403 ◽  
Author(s):  
J. Isgaer Roberts

Mombasa is the main port for the East African coast, handling all exports and imports for the two territories, Kenya and Uganda, which are incidentally the worst plague centres in the area. A fair amount of the Tanganyika and Belgian Congo produce also reaches this port. As Mombasa is the receiving centre for all the export trade of Kenya and Uganda, it might be expected that plague, if conveyable in any form or by any means, would appear regularly with the arrival of some of the main crops which are usually considered to be associated with the disease in the interior. Maize and cotton are generally supposed to be connected with the incidence of plague, and it is of particular interest to contrast briefly the figures for the incidence of the disease at the port within recent years and the periods of export of these crops.


Africa ◽  
1979 ◽  
Vol 49 (2) ◽  
pp. 134-146 ◽  
Author(s):  
John L. Berntsen

Opening ParagraphIn their initial interaction with the Colonial powers, several East African peoples such as the Maasai, the Turkana, the Sebei, the Karamojong, and the Nandi—all organized through some type of age-based institution—united around prophetic leaders, diviners, or ritual experts who mobilized men from several territorial sections to confront the intruders. This ad hoc military unity was necessarily short-lived, usually ending with the defeat of the people by the colonial power and see the imprisonment or death of the prophetic leader involved. (See Fosbrooke 1948: 12-19; Merker 1910: 67-105; Jacobs 1965: 20-108; Dyson-Hudson 1966: 15-16; Gulliver 1950: 229, 240; Meinertzhagen 1956: 222 ff; Weatherby 1962: 200-12; 1967: 133-44; Lamphear 1976: 225-43.) While ethnological studies of various age-organizations often mention that diviners or prophets provided professional services for the members of an age-group at their ceremonies, no one has examined the process by which a prophetic leader or diviner established his legitimacy during periods of peace so that he might lead the people during times of crisis. An examination of the prophetic institution among the Maasai and the relationship between the prophets and the members of the age-sets may provide some insight into the process, especially the manner in which prophets emerged as leaders of the people during two major crises in the history of the Purko-Kisongo Maasai: the Ilaikipiak war and the rinderpest pan-zootic.


1968 ◽  
Vol 9 (4) ◽  
pp. 571-583 ◽  
Author(s):  
William L. Lawren

The tendency of East African Bantu tribes to borrow cultural features from pastoral or semi-pastoral ‘Nilo-Hamitic’ peoples has often been observed, but thus far only two serious attempts have been made to explain this phenomenon. Herskovits first put forward the idea that the tribes of East Africa formed a ‘cattle complex’ epitomized and shaped by the ‘Nilo-Hamitic’ pastoralists. In a more limited study, LeVine and Sangree concluded that the proclivity of a Bantu tribe to borrow from a ‘Nilo-Hamitic’ group was dependent upon the relative population size of the peoples in question, the success or failure of the Bantu group in defending itself against attack, and the need of the Bantu to ally themselves with a ‘Nilo-Hamitic’ tribe.The tentative history of relations between the Bantu Kikuyu and the ‘Nilo-Hamitic’ Masai established in this paper suggests that both these theories err. Beginning with the first meeting of the two tribes about 1750, the Masai inflicted great damage on the Kikuyu while both were resident on the plains near Mount Kenya. When the Kikuyu secluded themselves in the forests after about 1800, they began to experience a significant degree of success in warding off the Masai, without any need for allies. Yet borrowing went on almost without interruption throughout both periods.The actual nature of that borrowing was very different from the process which Herskovits imagined. Rather than being influenced by the way in which cattle functioned in Masai society, the Kikuyu were much impressed with the Masai as militarists, and this is reflected by the fact that the Kikuyu borrowed far more from the Masai military system than from anything relating to cattle.


2021 ◽  
Vol 5 (9) ◽  
pp. 81
Author(s):  
Bruno Ribeiro Oliveira

A história de literatura africana contemporânea está repleta de debates que tratam de sua utilidade frente aos povos de África e a natureza dessa literatura. Através das ideias de dois escritores africanos, Chinua Achebe e Ngũgĩ wa Thiong’o, este artigo revisita a história das ideias desses autores em respeito à literatura africana e sua linguagem de escrita. Tratamos de perceber como dois autores da mesma geração, porém de locais diferentes, Nigéria e Quênia, respectivamente, pensaram a produção literária e sua função em África no período pós-colonial.Palavras-chave: Chinua Achebe (1930-2013), Ngũgĩ wa Thiong’o (1938-), Literatura Africana, Línguas Africanas AbstractThe history of African contemporary literature is full of debates that deal with its utility to the many African people and the nature of this literature. Through the ideas of two African writers, Chinua Achebe and Ngũgĩ wa Thiong’o, we revisit the history of the ideas of these authors in relation to African literature and the language in which this literature is written. We try to perceive how authors from the same generation, but from different locals, Nigeria and Kenya, respectively, thought their literary production and its function in Africa in the post-colonial period.Keywords: Chinua Achebe (1930-2013), Ngũgĩ wa Thiong’o (1938-), African Literatures, African Languages


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