'Mind with Mind and Spirit with Spirit': Lord Denning and African Legal Education

Journal of Law and Society

Volumn 30, Issue 3, 2003, Pages 376-399

  Harrington, John A ^a   Manji, Ambreena ^b  

^a UNIVERSITY OF WARWICK   (United Kingdom)

^b NONE

Author keywords

[No Author keywords available]

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EID: 0242511576     PISSN: 0263323X     EISSN: None     Source Type: Journal    
DOI: 10.1111/1467-6478.00262     Document Type: Review

References (172)

1. There are two authoritative volumes: P. Robson and P. Watchman (eds.), Justice, Lord Denning and the Constitution (1981); and J.L. Jowell and J.P.W.B. McAuslan (eds.), Lord Denning: The Judge and the Law (1984). See, also, the special issue of (1999) 14 Denning Law J. which contains articles on Denning's work in the areas of obligations, public law, family law, and jurisprudence.
2. There are two authoritative volumes: P. Robson and P. Watchman (eds.), Justice, Lord Denning and the Constitution (1981); and J.L. Jowell and J.P.W.B. McAuslan (eds.), Lord Denning: The Judge and the Law (1984). See, also, the special issue of (1999) 14 Denning Law J. which contains articles on Denning's work in the areas of obligations, public law, family law, and jurisprudence.
3. There are two authoritative volumes: P. Robson and P. Watchman (eds.), Justice, Lord Denning and the Constitution (1981); and J.L. Jowell and J.P.W.B. McAuslan (eds.), Lord Denning: The Judge and the Law (1984). See, also, the special issue of (1999) 14 Denning Law J. which contains articles on Denning's work in the areas of obligations, public law, family law, and jurisprudence.
4. A. Phang, 'The Natural Law Foundations of Lord Denning's Thought and Work' (1999) 14 Denning Law J. 159; Lord Edmund Davies, 'Lord Denning: Christian Advocate and Judge' (1986) 1 Denning Law J. 41.
5. A. Phang, 'The Natural Law Foundations of Lord Denning's Thought and Work' (1999) 14 Denning Law J. 159; Lord Edmund Davies, 'Lord Denning: Christian Advocate and Judge' (1986) 1 Denning Law J. 41.
6. D.R. Klinck, '"This Other Eden" Lord Denning's Pastoral Vision' (1994) 14 Ox. J. of Legal Studies 25.
7. C. Palley, 'Lord Denning and Human Rights: The Reassertion of the Right to Justice' in Jowell and McAuslan, op. cit., n. l, p. 297.
8. Denning's involvement with Africa is mentioned only in passing by his biographers; see E. Heward, Lord Denning: A Biography (1997) 75 and I. Freeman, Lord Denning: A Life (1993) 259. For a recent study of other judicial involvement in African legal matters, see A.W.B. Simpson, 'The Devlin Commission (1959): Colonialism, Emergencies, and the Rule of Law' (2002) 22 Ox. J. of Legal Studies 17.
9. Denning's involvement with Africa is mentioned only in passing by his biographers; see E. Heward, Lord Denning: A Biography (1997) 75 and I. Freeman, Lord Denning: A Life (1993) 259. For a recent study of other judicial involvement in African legal matters, see A.W.B. Simpson, 'The Devlin Commission (1959): Colonialism, Emergencies, and the Rule of Law' (2002) 22 Ox. J. of Legal Studies 17.
10. Denning's involvement with Africa is mentioned only in passing by his biographers; see E. Heward, Lord Denning: A Biography (1997) 75 and I. Freeman, Lord Denning: A Life (1993) 259. For a recent study of other judicial involvement in African legal matters, see A.W.B. Simpson, 'The Devlin Commission (1959): Colonialism, Emergencies, and the Rule of Law' (2002) 22 Ox. J. of Legal Studies 17.
11. The themes discussed in this paper arise in the context of our ongoing research on the role of British lawyers in the creation of African law. In particular we wish to examine the manner in which different conceptions of what law is, and how it should be taught, informed the work of British legal scholars in and on Africa. For a broad review of the issues, see J.A. Harrington and A. Manji, 'The Emergence of African Law as an Academic Discipline in Britain' (2003) 102 African Affairs 109-34.
12. These considerations might impede, in this context at least, the latter-day celebration of colonialism exemplified in N. Ferguson, Empire: How Britain Made the Modern World (2003).
13. Report of the Committee on Legal Education for Students from Africa C 1255 (1961) (hereinafter, the Denning report); see W.L. Twining, 'Legal Education Within East Africa' in East African Law Today: Commonwealth Law Series no. 5 (1966) 115. Denning chaired the Committee whilst in the House of Lords to which he was promoted in 1957 before returning to the Court of Appeal as Master of the Rolls in 1962; see R.F.V, Heuston, 'The Man and His Times' in Jowell and McAuslan, op. cit., n. 1, p. 1.
14. Report of the Committee on Legal Education for Students from Africa C 1255 (1961) (hereinafter, the Denning report); see W.L. Twining, 'Legal Education Within East Africa' in East African Law Today: Commonwealth Law Series no. 5 (1966) 115. Denning chaired the Committee whilst in the House of Lords to which he was promoted in 1957 before returning to the Court of Appeal as Master of the Rolls in 1962; see R.F.V, Heuston, 'The Man and His Times' in Jowell and McAuslan, op. cit., n. 1, p. 1.
15. Report of the Committee on Legal Education for Students from Africa C 1255 (1961) (hereinafter, the Denning report); see W.L. Twining, 'Legal Education Within East Africa' in East African Law Today: Commonwealth Law Series no. 5 (1966) 115. Denning chaired the Committee whilst in the House of Lords to which he was promoted in 1957 before returning to the Court of Appeal as Master of the Rolls in 1962; see R.F.V, Heuston, 'The Man and His Times' in Jowell and McAuslan, op. cit., n. 1, p. 1.
16. Lord Denning, 'Foreword' (1957) 1 J. of African Law 1.
17. A.N. Allott, 'Twenty Years On - The Journal of African Law and African Law: A Look at the Past and the Future' (1977) 21 J. of African Law 125.
18. J.S. Read, 'Tony Allott: A Colleague's Tribute' (1988) 31 J. of African Law 3.
19. The initiative for this generally came from the students themselves, see Freeman, op. cit., n. 5, p. 282.
20. id., p. 267.
21. Heward, op. cit., n. 5, p. 85.
22. See the announcement in A.N. Allott, 'London Conference on the Future of Law in Africa' (1959) 3 J. of African Law 148. The importance of the conference is attested to by one of the questions to be found in the 'Introduction to Law I' examination paper set in 1963 by the University of London for students at the Faculty of Laws, Dar es Salaam. It read: What were the main conclusions of the London Conference on the 'Future of Law in Africa' (1959/60)7 Do you agree with these conclusions? University of London Intermediate Examination in Law July 1963 for Students of Makerere University College, Faculty of Law at Dar es Salaam: Introduction to Law. Papers of L.C.B. Gower, Rhodes House Library MSS.Afr.s.1825 (hereinafter, the Gower papers).
23. Draft letter from Sir George Coldstream, 3 March 1960, PRO LCO2/6978. The letter appears to be a draft to be sent to the Bar Council, the Council of Legal Education, and the Law Society.
24. See letter from Anthony Allott to Lord Denning, 18 July 1960 PRO LCO2/6978.
25. Report by Lord Denning on his visit to Africa in August and September 1960, PRO LCO2/6978. It is important to note that although Denning was asked to chair the committee, his knowledge of legal education in Africa could not have been as thorough as that of the academics who had already begun to provide advice on legal education to African countries before the creation of the Denning committee; see, for example, Report of the International Advisory Committee on Legal Education in Ghana, July 1959 (L.C.B. Gower, Z. Cowan, A. Sutherland) in the Gower papers.
26. Denning report. Numbers of overseas students had increased dramatically in the period after the end of the Second World War, see L.C.B. Gower, Independent Africa. The Challenge to the Legal Profession (1967) 109.
27. Denning report. Numbers of overseas students had increased dramatically in the period after the end of the Second World War, see L.C.B. Gower, Independent Africa. The Challenge to the Legal Profession (1967) 109.
28. Interview with William Twining, 9 October 2002.
29. L.C.B. Gower, 'Problems of Legal Training in Commonwealth Africa', February 1965, Gower papers.
30. These issues were addressed by the Denning committee with which the Inns were keen to cooperate. Representatives of the Council of Legal Education sat on the committee: see Report from the Council of Legal Education to the Masters of the Benches of the Four Inns of Court on the Report of the Committee on Legal Education for Students from Africa, March 1961, PRO LC02/6979.
31. Gower, op. cit., n. 21.
32. W.R. Louis, 'The Dissolution of the British Empire' in The Oxford History of the British Empire: Vol IV The Twentieth Century, eds. J.M. Brown and W.R. Louis (1999) 329, 333.
33. J.D. Hargreaves, Decolonization in Africa (2nd edn., 1996) 140-9.
34. A. Low, 'The End of the British Empire in Africa' in The Transfers of Power, eds. P. Gifford and W.R. Louis (1988) 33, 44.
35. See J. Turner, Macmillan (1994) 188.
36. Quoted in F. Cooper, Africa since 1940. The Past of the Present (2002) 76.
37. Gower, op. cit., n. 19, p. 110.
38. See Turner, op. cit., n. 27, p. 109.
39. Leaders such as Kwame Nkrumah of Ghana and Sékou Touré of Ivory Coast were offered 'Competitive aid' packages in an attempt to keep them from the Soviets, see Hargreaves, op. cit., n. 25, p. 205.
40. Letter from Robert Stevens to Lord Denning, 23 March 1961, PRO CO859/1393.
41. Letter from Lord Denning to J.C. McPetrie, 27 March 1961, PRO CO859/1393.
42. Letter from Anthony Allott to J.C. McPetrie, 25 May 1961, PRO CO859/1393.
43. Denning, op. cit., n. 18.
44. Denning report, 8.
45. id., p. 12.
46. id., p. 11.
47. id., p. 18.
48. id., p. 21.
49. i b i d.
50. id., p. 22.
51. See Gower, op. cit., n. 19, p. 117.
52. Report by L.C.B. Gower to the British Institute of International and Comparative Law, July 1963, in Gower papers.
53. Letter from H.J. Randall, Legal Adviser, British Council to Sir George Coldstream, Lord Chancellor's Department, 18 May 1961, PRO LCO2/6980.
54. See, for example, the discussion in 228 H.L. Debs col. 90 (31 January 1961).
55. 'Lawyers in Africa' The Times, 19 January 1961.
56. As Gower put it, not long after, 'The new developments in England have been largely overtaken by events in Africa... Once again we did too little too late': Denning, op. cit., n. 19, p. 111.
57. For subsequent discussion of these issues, see B. Macaulay, 'Students for Law Schools and Faculties in Africa' (1962) 6 J. of African Law 81; P. Thomas, 'Legal Education in Africa: With Special Reference to Zambia' (1971) 22 Northern Ireland Legal Q. 3.
58. For subsequent discussion of these issues, see B. Macaulay, 'Students for Law Schools and Faculties in Africa' (1962) 6 J. of African Law 81; P. Thomas, 'Legal Education in Africa: With Special Reference to Zambia' (1971) 22 Northern Ireland Legal Q. 3.
59. Gower, op. cit., n. 21. Note that the original phrase used by Gower in the paper, was 'Kenya . . . displays apathetic faith in the virtues of articles of clerkship.' The word 'Pathetic' is crossed out on the document.
60. Gower, op. cit., n. 19, p. 129.
61. This prejudice is mentioned in communications between Sir George Coldstream of the Lord Chancellor's Department, Sir Kenneth O'Connor, Chief Justice of Kenya, and Lord Denning in June 1961, see PRO LCO2/6980.
62. See Y.P. Ghai and J.P.W.B. McAuslan, Public Law and Political Change in Kenya (1970) 395; Twining, op. cit., n. 8.
63. See Y.P. Ghai and J.P.W.B. McAuslan, Public Law and Political Change in Kenya (1970) 395; Twining, op. cit., n. 8.
64. Examples of subsequent work in this area are: Report on Legal Training in the High Commission Territories, December 1964 (L.C.B. Gower); Report on Legal Education in Uganda, December 1968-January 1969 (L.C.B. Gower, Q. Johnstone, R.B. Stevens); Report on Legal Education and Training in the University of Botswana, Lesotho and Swaziland, August 1971 (J.C.N. Paul, W.L. Twining). All in Gower papers.
65. Examples of subsequent work in this area are: Report on Legal Training in the High Commission Territories, December 1964 (L.C.B. Gower); Report on Legal Education in Uganda, December 1968-January 1969 (L.C.B. Gower, Q. Johnstone, R.B. Stevens); Report on Legal Education and Training in the University of Botswana, Lesotho and Swaziland, August 1971 (J.C.N. Paul, W.L. Twining). All in Gower papers.
66. Examples of subsequent work in this area are: Report on Legal Training in the High Commission Territories, December 1964 (L.C.B. Gower); Report on Legal Education in Uganda, December 1968-January 1969 (L.C.B. Gower, Q. Johnstone, R.B. Stevens); Report on Legal Education and Training in the University of Botswana, Lesotho and Swaziland, August 1971 (J.C.N. Paul, W.L. Twining). All in Gower papers.
67. The Ghanaian system had been largely designed by Gower himself. Later the 'Law school' element of training was moved to the university. However, the formal separation between it and the academic component remained notwithstanding a series of conflicts with the government and resulting expulsions of staff; for a contemporary discussion by one of the protagonists, see B. Harvey, Law and Social Change in Ghana (1966).
68. Gower, op. cit., n. 21. In Nigeria a university LLB (obtained at one of the four Law Faculties in Lagos, Ife, Nsukka or Zaria) was followed by a year's practical instruction at the Nigerian Law School in Lagos. Initially, at least, Kenya, Tanzania, and Uganda required students to study for the centralized East African LLB at the Faculty of Laws, Dar es Salaam followed by practical institutional training which had not yet been set up by 1965 when Gower gave this speech. Dar and Makerere were planning to stay with the Gower model and put in place one year's Law School practical training. Kenya was causing the problems noted above by wanting articles instead. Sierra Leone adopted the Gower model, as did the University of Rhodesia at Salisbury, and the University of Basutoland, Bechuanaland, and Swaziland. For details of Gower's work as Adviser to the Council of Legal Education in Nigeria, Dean of the Faculty of Law at the University of Lagos, and Adviser to the Institute of International and Comparative Law in relation to countries other than Nigeria, see Gower, op. cit., n. 44.
69. Gower, op. cit., n. 21. In Nigeria a university LLB (obtained at one of the four Law Faculties in Lagos, Ife, Nsukka or Zaria) was followed by a year's practical instruction at the Nigerian Law School in Lagos. Initially, at least, Kenya, Tanzania, and Uganda required students to study for the centralized East African LLB at the Faculty of Laws, Dar es Salaam followed by practical institutional training which had not yet been set up by 1965 when Gower gave this speech. Dar and Makerere were planning to stay with the Gower model and put in place one year's Law School practical training. Kenya was causing the problems noted above by wanting articles instead. Sierra Leone adopted the Gower model, as did the University of Rhodesia at Salisbury, and the University of Basutoland, Bechuanaland, and Swaziland. For details of Gower's work as Adviser to the Council of Legal Education in Nigeria, Dean of the Faculty of Law at the University of Lagos, and Adviser to the Institute of International and Comparative Law in relation to countries other than Nigeria, see Gower, op. cit., n. 44.
70. This is noted as an obstacle to recruitment in 'Report on the Second Informal Conference of Teachers from British and African Law Faculties, London, 8th-10th July 1966' (1966) 10 J. of African Law 183, at 186.
71. Letter from Mr Newman to Sir George Coldstream, 20 February 1963; letter from Peter Allsop to Sir George Coldstream, 12 February 1963, PRO LCO2/6981.
72. See the comments in op. cit., n. 57, p. 185.
73. Denning report, p. 5.
74. Lord Denning, 'Legal Education in Africa. Sharing Our Heritage' (1961) 58 Law Society Gazette 147.
75. id., p. 147. The Congo crisis brought to a head the widespread feeling that the European powers had, to varying degrees, inadequately prepared their colonies for independence. This often produced instability and allowed the two superpowers further opportunities for intervention in Africa; see Hargreaves, op. cit., n. 25, p. 190.
76. id., p. 147. The Congo crisis brought to a head the widespread feeling that the European powers had, to varying degrees, inadequately prepared their colonies for independence. This often produced instability and allowed the two superpowers further opportunities for intervention in Africa; see Hargreaves, op. cit., n. 25, p. 190.
77. Denning, id.; see, also, Lord Denning, Freedom Under the Law (1949).
78. Denning, id.; see, also, Lord Denning, Freedom Under the Law (1949).
79. 'What is necessary for a fair trial? There are many principles, but the first and most important principle is that the judges should be absolutely independent of the Government. The English tradition of an independent judiciary is not the result of any political theory. We have learnt it by hard experience and by trial and error': Lord Denning, 'The Independence and Impartiality of the Judges' (1956) 71 South African Law J. 345.
80. Denning report, p 12.
81. Denning, op. cit., n. 61, p. 148.
82. Matthew 5: 40. As one of his peers wrote, the 'Familiarity with Biblical texts which he acquired at an early age did much to form and, indeed, to transform his style of speaking': Davies, op. cit., n. 2, p. 42.
83. Lord Denning, 'Foreword' in East African Law Today Commonwealth Law Series no. 5 (1966) vii; for a retrospective discussion, see T.O. Elias, 'Organisation and Development of the Legal Profession in Africa, in particular the Ability of the Bar and Judiciary to Uphold the Rights of Both the Citizens and the State' (1986) 1 Denning Law J. 49.
84. Lord Denning, 'Foreword' in East African Law Today Commonwealth Law Series no. 5 (1966) vii; for a retrospective discussion, see T.O. Elias, 'Organisation and Development of the Legal Profession in Africa, in particular the Ability of the Bar and Judiciary to Uphold the Rights of Both the Citizens and the State' (1986) 1 Denning Law J. 49.
85. See M.D.A. Freeman, 'Family Matters' in Jowell and McAuslan, op. cit., n. 1, pp. 109, 110.
86. Lord Denning, 'This is My Life' The Child and Co Lecture, delivered in the Inns of Court School of Law on 1 March 1979 and reprinted in (1986) 1 Denning Law J. 17. He expressed similar views at a conference of the Commonwealth Magistrates' Association held in Nairobi in 1973, see Freeman, op. cit., n. 5, p. 268.
87. Lord Denning, 'This is My Life' The Child and Co Lecture, delivered in the Inns of Court School of Law on 1 March 1979 and reprinted in (1986) 1 Denning Law J. 17. He expressed similar views at a conference of the Commonwealth Magistrates' Association held in Nairobi in 1973, see Freeman, op. cit., n. 5, p. 268.
88. For examples of this, see Lord Denning, 'Restraining the Misuse of Power' in Jubilee Lectures Celebrating the Foundation of the Faculty of Law, University of Birmingham (1981); his 'The Independence of the Judges' in The Lawyer and Justice: A Collection of Addresses by Judges and Jurists to the Holdsworth Club of the University of Birmingham, ed. B.W. Harvey (1978) 55; and his The Due Process of Law (1980).
89. For examples of this, see Lord Denning, 'Restraining the Misuse of Power' in Jubilee Lectures Celebrating the Foundation of the Faculty of Law, University of Birmingham (1981); his 'The Independence of the Judges' in The Lawyer and Justice: A Collection of Addresses by Judges and Jurists to the Holdsworth Club of the University of Birmingham, ed. B.W. Harvey (1978) 55; and his The Due Process of Law (1980).
90. For examples of this, see Lord Denning, 'Restraining the Misuse of Power' in Jubilee Lectures Celebrating the Foundation of the Faculty of Law, University of Birmingham (1981); his 'The Independence of the Judges' in The Lawyer and Justice: A Collection of Addresses by Judges and Jurists to the Holdsworth Club of the University of Birmingham, ed. B.W. Harvey (1978) 55; and his The Due Process of Law (1980).
91. Denning, op. cit., n. 63, p. 32.
92. Denning, op. cit., n. 9, p. 1.
93. i b i d.
94. id. African lawyers of the time themselves understood this phenomenon as a form of 'Legal balkanisation'. This suggestive usage is to be found in W.C. Ekow Daniels, 'Twenty Years On - The Journal of African Law and African Law: A Look at the Past and the Future' (1977) 21 J. of African Law 132, at 134.
95. id. African lawyers of the time themselves understood this phenomenon as a form of 'Legal balkanisation'. This suggestive usage is to be found in W.C. Ekow Daniels, 'Twenty Years On - The Journal of African Law and African Law: A Look at the Past and the Future' (1977) 21 J. of African Law 132, at 134.
96. Denning, op. cit., n. 9, p. 1
97. 'My root belief is that the proper role of the judge is to do justice between the parties before him. If there is any rule of law which impairs the doing of justice, then it is the province of the judge to do all that he legitimately can to avoid that rule - or even to change it - so as to do justice in the instant case before him': Lord Denning, The Family Story (1981) 174; see, also, his 'The Way of an Iconoclast' (1960) 3 Sydney Law Rev. 209.
98. 'My root belief is that the proper role of the judge is to do justice between the parties before him. If there is any rule of law which impairs the doing of justice, then it is the province of the judge to do all that he legitimately can to avoid that rule - or even to change it - so as to do justice in the instant case before him': Lord Denning, The Family Story (1981) 174; see, also, his 'The Way of an Iconoclast' (1960) 3 Sydney Law Rev. 209.
99. Lord Denning, Borrowing From Scotland (1963).
100. id., p 40.
101. Lord Denning, 'From Precedent to Precedent' The Romanes Lecture delivered in the Sheldonian Theatre, Oxford University 1959; see, also, A.W.B. Simpson, 'Lord Denning as Jurist' in Jowell and McAuslan op. cit., n. 1, p. 441.
102. Lord Denning, 'From Precedent to Precedent' The Romanes Lecture delivered in the Sheldonian Theatre, Oxford University 1959; see, also, A.W.B. Simpson, 'Lord Denning as Jurist' in Jowell and McAuslan op. cit., n. 1, p. 441.
103. Denning, op. cit., n. 9.
104. Nyali Ltd v. Attorney-General [1956] 1 Q.B. 1 (C.A. per Lord Denning at 16).
105. Klinck, op. cit., n. 3.
106. Denning, op. cit., n. 63, p. 15.
107. M. Oakeshott, Rationalism in Politics and Other Essays (2nd edn., 1991) 12.
108. Lord Denning, The Changing Law (1953) 2.
109. M. Loughlin, 'Rights Discourse and Public Law Thought in the United Kingdom' in Rights and Democracy: Essays in UK-Canadian Constitutionalism, ed. G.W. Anderson (1999) 193.
110. Denning, op. cit., n. 64, p. 345; see, also, Denning, op. cit. (1986), n. 70.
111. Denning, op. cit., n. 64, p. 345; see, also, Denning, op. cit. (1986), n. 70.
112. Denning, op. cit., n. 61, p. 147.
113. Denning, op. cit., n. 86, p. 17; see, also, M. Polanyi, Personal Knowledge. Towards a Post-Critical Philosophy (1958) 139.
114. Denning, op. cit., n. 86, p. 17; see, also, M. Polanyi, Personal Knowledge. Towards a Post-Critical Philosophy (1958) 139.
115. Denning, op. cit., n. 61, p. 148.
116. i b i d.
117. Denning report, p. 11.
118. id., p. 22. The reality even less than ten years on was rather different, with state control, rather than professional autonomy and collegiality being typical, at least in Kenya, see Denning, op. cit., n. 53, p. 398.
119. id., p. 22. The reality even less than ten years on was rather different, with state control, rather than professional autonomy and collegiality being typical, at least in Kenya, see Denning, op. cit., n. 53, p. 398.
120. Denning was not alone in stressing these values, see Gower, op. cit., n. 19, p. 103.
121. W.W. Pue, 'Cultural Projects and Structural Transformation in the Canadian Legal Profession' in Lawyers and Vampires: Cultural Histories of Legal Professions, eds. D. Sugarman and W.W. Pue (forthcoming).
122. Oakeshott, op. cit., n. 84, p. 15.
123. Denning, op. cit., n. 61, p. 148.
124. Pue, op. cit., n. 96.
125. W.W. Pue, 'Planting British Legal Culture in Colonial Soil: Legal Professionalism in the Lands of the Beaver and the Kangaroo' in Shaping Nations: Constitutionalism in Australia and Canada, 1851-2001, eds. L. Cardinal and D. Headon (2002) 115.
126. Lord Denning, 'Why I Believe in God', talk delivered on the BBC Home Service 14 September 1943, quoted in A. Phang, 'The Natural Law Foundations of Lord Denning's Thought and Work' (1999) 14 Denning Law J. 159, 163.
127. Lord Denning, 'Why I Believe in God', talk delivered on the BBC Home Service 14 September 1943, quoted in A. Phang, 'The Natural Law Foundations of Lord Denning's Thought and Work' (1999) 14 Denning Law J. 159, 163.
128. Denning, op. cit., n. 61, p. 148; for a more economic explanation of this discrepancy, see R. Luckham, 'Imperialism, Law and Structural Dependence: The Ghanaian Legal Profession' in Lawyers in the Third World: Comparative and Developmental Perspectives, eds. R. Dias et al. (1981) 90.
129. Denning, op. cit., n. 61, p. 148; for a more economic explanation of this discrepancy, see R. Luckham, 'Imperialism, Law and Structural Dependence: The Ghanaian Legal Profession' in Lawyers in the Third World: Comparative and Developmental Perspectives, eds. R. Dias et al. (1981) 90.
130. R v. Chief Immigration Officer, Gatwick Airport, ex parte Kharrazi [1980] 3 All E.R. 373 (C.A. per Lord Denning MR, at 375).
131. i b i d.
132. i b i d.
133. Lord Denning, The Due Process of Law (1980) 155. It may be of interest that, when addressing overseas audiences in an extra-judicial capacity, he seems to have disavowed any such teleological approach, expressing himself rather to have been bound by the wording of the Immigration Act 1971; see Freeman, op. cit., n. 5, p. 268.
134. Lord Denning, The Due Process of Law (1980) 155. It may be of interest that, when addressing overseas audiences in an extra-judicial capacity, he seems to have disavowed any such teleological approach, expressing himself rather to have been bound by the wording of the Immigration Act 1971; see Freeman, op. cit., n. 5, p. 268.
135. See Palley, op. cit., n. 4, p. 297.
136. M. Mamdani, Citizen and Subject: Contemporary Africa and the Legacy of Late Colonialism (1996).
137. M. Chanock, Law, Custom and Social Order. The Experience in Malawi and Zambia (1985).
138. One leading academic in this field stated that 'An anthropology department should . . . be looked upon more as in the nature of an "intelligence department" to the administration': R.S. Rattray, Ashanti (1923) 8. Others at the time had a more nuanced view of this relationship, see B. Malinowski, 'The Rationalization of Anthropology and Administration' (1930) 3 Africa 405-29.
139. One leading academic in this field stated that 'An anthropology department should . . . be looked upon more as in the nature of an "intelligence department" to the administration': R.S. Rattray, Ashanti (1923) 8. Others at the time had a more nuanced view of this relationship, see B. Malinowski, 'The Rationalization of Anthropology and Administration' (1930) 3 Africa 405-29.
140. Y.P. Ghai, 'Law, Development and African Scholarship' (1987) 50 Modern Law Rev. 750.
141. For an introduction, see J.H. Merryman, 'Comparative Law and Social Change: On the Origins, Style, Decline and Revival of the Law and Development Movement' (1977) 25 Am. J. of Comparative Law 457.
142. D.M. Trubek, 'Towards a Social Theory of Law: An Essay on the Study of Law in Development' 82 Yale Law J. 1 (1972). For a more recent variation on this theme, see T. Ginsburg, 'Does Law Matter for Economic Development? Evidence From East Asia' (2000) 34 Law and Society Rev. 829.
143. D.M. Trubek, 'Towards a Social Theory of Law: An Essay on the Study of Law in Development' 82 Yale Law J. 1 (1972). For a more recent variation on this theme, see T. Ginsburg, 'Does Law Matter for Economic Development? Evidence From East Asia' (2000) 34 Law and Society Rev. 829.
144. In Tanzania, for example, the Kiswahili slogan 'TANU ya jenga nchi' was frequently repeated in order to publicize the ruling party's commitment in this respect. For a literary recollection of this phase in East African history, see M.G. Vassanji, The Gunny Sack (1989).
145. A.N. Allott, 'The Ghana Law School' (1959) Law Society Gazette 391.
146. K. Kaunda, 'Address to the Law Society of Zambia' 24 April 1970, quoted in Thomas, op. cit., n. 49, p. 4. Similar sentiments were expressed by Ghana's first president, see K. Nkrumah, 'Legal Education in Africa' (1962) 6 J. of African Law 103.
147. K. Kaunda, 'Address to the Law Society of Zambia' 24 April 1970, quoted in Thomas, op. cit., n. 49, p. 4. Similar sentiments were expressed by Ghana's first president, see K. Nkrumah, 'Legal Education in Africa' (1962) 6 J. of African Law 103.
148. K. Kaunda, 'Address to the Law Society of Zambia' 24 April 1970, quoted in Thomas, op. cit., n. 49, p. 4. Similar sentiments were expressed by Ghana's first president, see K. Nkrumah, 'Legal Education in Africa' (1962) 6 J. of African Law 103.
149. An effective synthesis of many such proposals can be found in International Legal Center, Report of the Research Advisory Committee on Law and Development (1974).
150. See Thomas, op., cit., n. 49, p. 24. For retrospective views of these developments, see W.L. Twining, Globalisation and Legal Theory (2000) ch. 1; J.P.W.B. McAuslan, 'Law, Governance, and the Development of the Market: Practical Problems and Possible Solutions' in Good Governance and Law: Legal and Institutional Reform in Developing Countries, ed. J. Faundez (1997) 67.
151. See Thomas, op, cit., n. 49, p. 24. For retrospective views of these developments, see W.L. Twining, Globalisation and Legal Theory (2000) ch. 1; J.P.W.B. McAuslan, 'Law, Governance, and the Development of the Market: Practical Problems and Possible Solutions' in Good Governance and Law: Legal and Institutional Reform in Developing Countries, ed. J. Faundez (1997) 67.
152. See Thomas, op, cit., n. 49, p. 24. For retrospective views of these developments, see W.L. Twining, Globalisation and Legal Theory (2000) ch. 1; J.P.W.B. McAuslan, 'Law, Governance, and the Development of the Market: Practical Problems and Possible Solutions' in Good Governance and Law: Legal and Institutional Reform in Developing Countries, ed. J. Faundez (1997) 67.
153. Just such a link has been identified between law and development studies and cognate movements in the United States, see N. Duxbury, Patterns of American Jurisprudence (1995) 440.
154. See the essays collected in I.G. Shivji (ed.), Limits of Legal Radicalism (1981).
155. See F. Snyder, 'Law and Development in the Light of Dependency Theory' (1980) 14 Law and Society Rev. 723.
156. See H. Pawlisch, Sir John Davies and the Conquest of Ireland (1985).
157. P. Goodrich, Languages of Law. From Logics of Memory to Nomadic Masks (1990) 90.
158. id, p. 84.
159. id., p. 215.
160. See, for example, the remarks made by the Chairman of the Kenya Magistrates Association on the occasion of Denning's speech to the Commonwealth Magistrates Association Conference of 1973, held in Nairobi, quoted in Freeman, op. cit., n. 5, p. 268.
161. See, for example, the remarks made by the Chairman of the Kenya Magistrates Association on the occasion of Denning's speech to the Commonwealth Magistrates Association Conference of 1973, held in Nairobi, quoted in Freeman, op. cit., n. 5, p. 268.
162. Denning, op. cit., n. 63, p. 7; Dening, op. cit., n. 78, p. 15. His biographer also informs us that he used the story when touring in Africa; see Freeman, op. cit., n. 5, p. 268.
163. Denning, op. cit., n. 63, p. 7; Dening, op. cit., n. 78, p. 15. His biographer also informs us that he used the story when touring in Africa; see Freeman, op. cit., n. 5, p. 268.
164. Denning, op. cit., n. 63, p. 7; Dening, op. cit., n. 78, p. 15. His biographer also informs us that he used the story when touring in Africa; see Freeman, op. cit., n. 5, p. 268.
165. R v. Somersett 20 State Trials 1 (1771 per Lord Mansfield).
166. In the case of Knight v. Wedderburn M. 14545 (1778); see Denning, op. cit., n. 78, p. 16.
167. In the case of Knight v. Wedderburn M. 14545 (1778); see Denning, op. cit., n. 78, p. 16.
168. Denning, id.
169. Denning, op. cit., n. 63, p. 32.
170. P. Fitzpatrick, Modernism and the Grounds of Law (2001) ch. 4.
171. id., p. 120.
172. I.G. Shivji, The Concept of Human Rights in Africa (1989).