Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Law and Society under a Democratic Dictatorship: Dr. Banda and Malawi

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of Journal of Asian and African Studies
For new content, see African and Asian Studies.

The regime of Dr. Banda in Malawi was characterized by various methods of social control, but an appeal to "tradition" was one source of legitimacy. The concept of "authoritarian populism" can be applied. The principal means of law enforcement was through operation of the "traditional" courts. These were developed from precolonial systems and were modified during the British period. They administer justice without due regard to technicalities, and rules of evidence are less strict than in the Western-type system. Under Banda, their scope was extended. The Western-type system also operated but its scope was diminished and Banda felt free to interfere. Workings of traditional courts could be problematic particularly in view of Dr. Banda's interpretation of "tradition" and the use of them for political trials. But abolition could also prove problematic, and they still operate in a watered-down form. Issues are raised about the cross-cultural applicability of "human rights."

10.1163/156852101753289610
/content/journals/10.1163/156852101753289610
dcterms_title,pub_keyword,dcterms_description,pub_author
6
3
Loading
Loading

Full text loading...

/content/journals/10.1163/156852101753289610
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/156852101753289610
Loading

Article metrics loading...

/content/journals/10.1163/156852101753289610
2001-08-01
2016-12-10

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Journal of Asian and African Studies — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation