Law and stratification: The African case

• Published in: Contemporary Crises 1979-01, Vol.3 (1), p.17-39
• Main Author: Seidman, Robert B
• Format: Article
• Language: English
• Subjects: Africa/African/Africans; England/English (see also Britain, Great Britain, UK); Law/Laws (see also Legal, Legislation); Nation/Nations; Social stratification
• ISSN: 0378-1100; 0925-4994; 1573-0751
• DOI: 10.1007/BF00728442

Since the English-speaking African nations attained independence, stratification has emerged which almost copies that of colonial Africa, except that those at the top are black rather than white. This has occurred despite the support of many leaders of independence movements for socialism. Many theories contend that this reflects the impotence of law & ideology to change a society, as postulated by many readings of Marxism; others contend either that law controls society, a view which has long been falsified, or that law & society interact. Only this last view offers hope of any substantial change in African society. The history of African independence is one in which the civil service & the politicians are the wealthiest class, & own substantial areas of land & numbers of businesses, as well as having higher levels of education. These elite groups refrain from change-oriented decisions, favoring primary concern with law, order, & tax collection, & also being concerned to preserve their own wealth & status. The legal institutions allow these elites to accumulate wealth in the private sector, forming a bureaucratic bourgeoisie. It has remained possible, however, for lawmakers to create some limits on this process, even within the constraints of society on the legal apparatus; Tanzanian programs are the best examples of this. W. H. Stoddard.