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Title: | Law, Development, and Legislative Drafting in English-Speaking Africa |
Author: | Seidman, Robert B. |
Year: | 1981 |
Periodical: | Journal of Modern African Studies |
Volume: | 19 |
Issue: | 1 |
Period: | March |
Pages: | 133-161 |
Language: | English |
Geographic term: | English-speaking Africa |
Subjects: | legal terminology legislation Law, Human Rights and Violence Politics and Government Development and Technology |
External link: | https://www.jstor.org/stable/160609 |
Abstract: | Legislation in the former British colonial territories exhibited a pair of paradoxes. First, it spoke in legalese, a patois that only judges and lawyers can read easily. Many laws concerning development, however, addressed ordinary citizens. Second, drafters invented and used a specialised style to reduce official and judicial discretion by. making legislation more precise, but this frequently endowed officials with discretion as broad as the unbroken sky. In Africa, the uses of legalese seemed to war with the purposes for which it was developed: The paradoxes of legislative language in Africa - The origins of legalese and parliamentary drafting - Colonial drafting - Drafting in independent Africa - Alternative modes of drafting - Conclusion. Ref. |