Domestic Violence and the Law in Colonial and Postcolonial Africa reveals the ways in which domestic space and domestic relationships take on different meanings in African contexts that extend the boundaries of family obligation, kinship, and dependency. The term domestic violence encompasses kin-based violence, marriage-based violence, gender-based violence, as well as violence between patrons and clients who shared the same domestic space. As a lived experience and as a social and historical unit of analysis, domestic violence in colonial and postcolonial Africa is complex. Using evidence drawn from Sub-saharan Africa, the chapters explore the range of domestic violence in Africa’s colonial past and its present, including taxation and the insertion of the household into the broader structure of colonial domination. African histories of domestic violence demand that scholars and activists refine the terms and analyses and pay attention to the historical legacies of contemporary problems. This collection brings into conversation historical, anthropological, legal, and activist perspectives on domestic violence in Africa and fosters a deeper understanding of the problem of domestic violence, the limits of international human rights conventions, and local and regional efforts to address the issue.

Violence in its various proportions, genres and manifestations has had an enduring historical legacy the world over. However, works speaking to approaches aimed at mitigating violence characteristic of Africa are very limited. As some scholars have noted, Africans have experienced cycles of violence since the pre-colonial epoch, such that overt violence has become banalised on the African continent. This has had the effect of generating complex results, legacies and perennial emotional wounds that call for healing, reconciliation, justice and positive peace. Yet, in the absence of systematic and critical approaches to the study of violence on the continent, discourses on violence would hardly challenge the global matrices of violence that threaten peace and development in Africa. This volume is a contribution in the direction of such urgently needed systematic and critical approaches. It interrogates, from different angles and with inspiration from a multidisciplinary perspective, the contentious production and resilience of violence in Africa. It calls for a paradigm shift an alternative approach that forges and merges African customary dispute resolution and Western systems of dispute resolution towards a framework of positive peace, holistic restoration, sustainable development and equity. The book is a welcome contribution to students and practitioners in security studies, African studies, development studies, global studies, policy studies, and political science.

States of Marriage shows how throughout the colonial period in French Sudan (present-day Mali) the institution of marriage played a central role in how the empire defined its colonial subjects as gendered persons with certain attendant rights and privileges. The book is a modern history of the ideological debates surrounding the meaning of marriage, as well as the associated legal and sociopolitical practices in colonial and postcolonial Mali. It is also the first to use declassified court records regarding colonialist attempts to classify and categorize traditional marriage conventions in the southern region of the country. In French Sudan, as elsewhere in colonial Africa, the first stage of marriage reform consisted of efforts to codify African marriages, bridewealth transfers, and divorce proceedings in public records, rendering these social arrangements “legible” to the colonial administration. Once this essential legibility was achieved, other, more forceful interventions to control and reframe marriage became possible. This second stage of marriage reform can be traced through transformations in and by the colonial court system, African engagements with state-making processes, and formations of “gender justice.” The latter refers to gender-based notions of justice and legal rights, typically as defined by governing and administrative bodies as well as by socioxadpolitical communities. Gender justice went through a period of favoring the rights of women, to a period of favoring patriarchs, to a period of emphasizing the power of the individual—but all within the context of a paternalistic and restrictive colonial state.

Using a wealth of court records, Colonizing Consent shows how rape cases were caught up in, and helped shape, the major political debates in colonial South Africa.

Offers comparative historical, anthropological and legal perspectives on the ways in which French and British colonial administrations interacted with the diversity of Islamic legal schools, scholars, and practices in Africa.

The Blackwell Companion to Law and Society is an authoritative study of the relationship between law and social interaction. Thirty-two original essays by an international group of expert scholars examine a wide range of critical questions. Authors represent various theoretical, methodological, and political commitments, creating the first truly global overview of the field. Examines the relationship between law and social interactions in thirty-three original essay by international experts in the field. Reflects the world-wide significance of North American law and society scholarship. Addresses classical areas and new themes in law and society research, including: the gap between law on the books and law in action; the complexity of institutional processes; the significance of new media; and the intersections of law and identity. Engages the exciting work now being done in England, Europe, Australia, and New Zealand, South Africa, Israel, as well as "Third World" scholarship.