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Customary Law in One Area of 20th Century Africa: The Chagga of Kilimanjaro in Tanzania

Published online by Cambridge University Press:  01 January 2024

Sally Falk Moore*
Affiliation:
Harvard University, USA
*
Sally Falk Moore, Harvard University, Cambridge, MA 02138, USA. Email: smoore@wjh.harvard.edu

Abstract

The term ‘customary law’ has many layers of meaning when applied to the African experience. This article gives a vivid example of a practice of the Chagga people of Kilimanjaro which they regard as a matter of custom. But the paper also makes clear that the idea of customary law has had changing significance in the British colonial period, in the post-colonial present, and in anthropological theory. The article presents some of the concepts which the author has found useful in analyzing this complex topic.

Type
Articles
Copyright
Copyright © ICPHS 2015

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References

Fimbo, GM (2004) Land Law Reforms in Tanzania. Dar es Salaam: Dar es Salaam University Press.Google Scholar
Geertz, C (1983) Local Knowledge: Further Essays in Interpretive Anthropology. New York: Basic Books.Google Scholar
Gluckman, M (1955) The Judicial Process among the Barotse of Northern Rhodesia. Manchester: Manchester University Press.Google Scholar
Gluckman, M (1965) Politics, Law and Ritual in Tribal Society. Chicago: Aldine.Google Scholar
Gutmann, B (1926) Das Recht der Dschagga. Munich: Beck.Google Scholar
Lugard Sir, F (1926) The Dual Mandate in British Tropical Africa. London: Frank Cass and Co. Ltd.Google Scholar
Moore, SF (1986) Social Facts and Fabrications: “Customary Law” on Kilimanjaro 1880–1980. Cambridge: Cambridge University Press.Google Scholar
Moore, SF (1992) Treating law as knowledge: telling colonial officers what to say to Africans about running “their own” native courts. Law & Society Review 26(1): 1146.CrossRefGoogle Scholar
Schapera, I (1938) A Handbook of Tswana Law and Custom. London: Oxford University Press.Google Scholar