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Law and Society under a Democratic Dictatorship

Dr. Banda and Malawi

Bibliographic Data

ID2307664
AuthorsP Forster
Year2001
Volume36
Issue3
Pages275-293
Publication date2001-01-01
Peer ReviewedYes
Open AccessNo
TypeARTICLE
VenueJournal of Asian and African Studies (JOURNAL)
Journal identifiersISSN: 0021-9096 • E-ISSN: 1745-2538
PublisherSAGE Publications Inc (PUBLISHER)
DOI10.1177/002190960103600302
OpenAlexW4234018885
LanguageEN
Citations received4

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

African studies · Democracy · Development economics · Dictatorship · Economics · Political economy · Political science · Politics · Socioeconomics · Sociology · African history and culture analysis · Anthropology · Historical and Contemporary Political Dynamics · Law

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Unique citing works4
Citations per year0,2
Citation span2006 - 2022 (17)
Citation velocityhistorical
Highly citedNo
Citation typesNeutral: 4

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