Crime, Justice and Culture in Black Africa - An Ethno-Criminological Study

• NCJ Number: 103449
• Author(s): Y Brillon
• Date Published: 1985
• Length: 302 pages
• Corporate Author: University of Montreal
• Sale Source: National Institute of Justice/
• Language: English
• Country: Canada
• Note: Translated by Dorothy Crelinsten.

Annotation

The traditional African concept of law and justice is in constant conflict with that of the new penal codes, judicial procedures, and social defense policies.

Abstract

Study data came from a review of previous studies and the gathering of new data between 1972 and 1975. The new approaches to justice in Africa are based more on Western models than on indigenous ancestral practices. Crime reflects the conflict between the traditional society founded on the extended family and the more recent social order based on the distinctions and competition of a market economy. Traditional justice focused on redressing the wrong and removing the feelings of revenge and hatred between the parties. The new legal system focuses on punishing the guilty party. The victim receives little consideration. Nevertheless, ancient traditions are still influential. The majority of Africans are farmers. The ancient juridical system is still the only frame of reference for four-fifths of the population. Crime is still comparatively rare in Africa, especially in comparison with rates in developed nations. Figures, data tables, and 259 references.