Abstract
Colonial era codifications of customary law – especially those codified in indigenous first languages – have a resilient capacity to form and inform living customary law. In the context of Mukono District, Uganda, modern conceptions of customary law are informed and shaped by colonial era codifications promulgated by the British Protectorate and the Kingdom of Buganda. This research insight offers practical benefits to those seeking to promote access to justice and human rights development in Mukono District. Such benefits speak to the potential vitality and relevance of colonial era customary codifications. Misgivings about the alien influences and exploitative purposes that distorted and corrupted colonial era codes do not warrant disregard of their active legacy within modern customary legal frameworks. The use of receptive research approaches such as those developed and modelled by Sally Falk Moore can help ensure the ongoing influence of colonial era codes are not hidden by contemporary orthodoxies and biases.
Highlights
Discerning customary law in post-colonial contexts requires careful attention to detail and nuance
In the context of Mukono District, Uganda, modern conceptions of customary law are informed and shaped by colonial era codifications promulgated by the British Protectorate and the Kingdom of Buganda
The customary codifications pertaining to Buganda were stripped of any formal legitimacy at the time of Ugandan independence in 1962.14 When Uganda became a sovereign nation, the elimination of second-class colonial era citizenship resulted in the laws that formerly applied to the British applying to all Ugandans
Summary
Discerning customary law in post-colonial contexts requires careful attention to detail and nuance. Contextual specificity and receptiveness to a broad array of sources and influences is critical when discerning the lived law in post-colonial contexts. This paper concerns one such source – colonial era codifications of customary law. This paper makes the case for the continuing resonance and significance of colonial era customary codifications in modern-day Mukono District, Uganda. The paper recounts the research approach, literature review and field work outputs that led the author to take account of colonial era customary codifications in Mukono District. The paper concludes with a discussion of the implications and applications of the core research findings
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