Law In Tanzania Research Articles

Rights and duties of refugees under municipal law in Tanzania: examining a proposed new legislation

“We have to be realistic and hard-headed about this problem of refugees. We have in particular, to recognise that it is not getting smaller.”Julius K. Nyerere

The people's representation in the courts of law in Tanzania: The need to retain the assessors

The people's representation in the courts of law in Tanzania: The need to retain the assessors

Constraining Factors to the Adoption of Kiswahili as a Language of the Law in Tanzania

The political and economic problems of language policy in modern Africa have continued as a reminder of the unforgettable historical fact of European colonialism. Today there are two major regions of Africa known as Anglophone and Francophone Africa. Much as many African leaders would have wished to discard the language of the former colonial power and substitute an indigenous language, this has proved problematic because in many cases there is not a single widely-spoken local language. In some cases any attempt to raise the status of one indigenous language into a national language would have provoked wasteful inter-ethnic conflict.

Contradictory developments in the teaching and practice of human rights law in Tanzania*

The Bill of Rights is a novelty in Tanzania.2 As is well-known, Tanzanian Constitutions from independence to 1984 did not contain a bill of rights.3 Partly for this reason, legal discourse, whether in teaching or in practice, did not centre on rights issues particularly in relationship between state and citizen. At Faculty of Law, University of Dar es Salaam, there developed an approach to teaching which university calendar refers to as the historical, method. The socioeconomic emerged in contrast to and development approach which was a manifestation of modernization theory on legal plane.4 Neither of these revolved around question of rights. Put rhetorically, and development saw law essentially as an instrument of social change while method regarded law as an instrument of ruling class. This may be a little over-simplified, but I believe broadly represents main points of departure of, and contention between, two schools-at least at that time at Dar es Salaam Faculty. The instrumentalist view of law left both schools seriously handicapped in their understanding as well as teaching of law. For example, in practice, socio-economic concentrated mostly on political economy verging on economism. Law was seen as a part of superstructure reflecting economic relationships tout court. Many subjects had long introductions on five modes of production and role of law and state therein. Then followed teaching of rules which, in

Contradictory Developments in the Teaching and Practice of Human Rights Law in Tanzania

The Bill of Rights is a novelty in Tanzania. As is well-known, Tanzanian Constitutions from independence to 1984 did not contain a bill of rights. Partly for this reason, legal discourse, whether in teaching or in practice, did not centre on rights issues particularly in the relationship between the state and citizen. At the Faculty of Law, University of Dar es Salaam, there developed an approach to teaching which the university calendar refers to as “the historical, socio-economic” method. The socioeconomic method emerged in contrast to the “law and development” approach which was a manifestation of the modernization theory on the legal plane. Neither of these revolved around the question of rights. Put rhetorically, “law and development” saw law essentially as an instrument of social change while the “socio-economic method” regarded law as an instrument of the ruling class. This may be a little over-simplified, but I believe broadly represents the main points of departure of, and contention between, the two schools—at least at that time at the Dar es Salaam Faculty.

Legal Developments on Women´s Rights to Inherit Land Under Customary Law in Tanzania

Legal Developments on Women´s Rights to Inherit Land Under Customary Law in Tanzania

Environmental Degradation and the Law in Tanzania

Environmental Degradation and the Law in Tanzania

Personal Freedom and the Law in Tanzania. A Study of Socialist State Administration

Personal Freedom and the Law in Tanzania. A Study of Socialist State Administration

Personal Freedom and the Law in Tanzania: A Study of Socialist State Administration. By Robert Martin. (Nairobi: Oxford University Press, 1974. Pp. xvii + 224. $7.25.)

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Personal Freedom and the Law in Tanzania

Journal Article Personal Freedom And The Law In Tanzania Get access Personal Freedom And The Law In Tanzania. By Martin Robert B.. Nairobi: Oxford University Press, 1974. Pp. 224. Robert B. Seidman Robert B. Seidman *Professor of Law, Boston University. Search for other works by this author on: Oxford Academic Google Scholar The American Journal of Comparative Law, Volume 25, Issue 3, Summer 1977, Pages 573–576, https://doi.org/10.2307/839695 Published: 01 July 1977

Personal Freedom and the Law in Tanzania

Personal Freedom and the Law in Tanzania

Language and Law in Tanzania

Language and Law in Tanzania

Language and Law in Tanzania

For three years work has been in progress by a committee in Dar es Salaam on the compilation of a list of Swahili equivalents for legal expressions in order that the Swahili translation of existing statutes and the drafting in Swahili of new statutes could proceed apace. Professor A. B. Weston, Dean of the Law School in Dar, has described this project in the Journal of the Institute of Swahili Research, Vol. 35/2, September, 1965. In December, 1961, the Tanzania Minister of Education called together a committee of Swahili “experts”, which also included expatriates experienced in law and administration, and one of the central recommendations in the report of this committee was that a state language corporation should be set up, one of whose first committees should be charged with the task of compiling a Swahili vocabulary of legal words and phrases. For reasons not explained by Professor Weston, the committee's report failed to gain official sanction so the Minister of Justice at the time, the late Sh. Amri Abedi, formed his own committee in August, 1963, to compile “a law dictionary” in Swahili. Whether or not the Minister's action received official sanction is not clear, but work undertaken with the leadership of the Minister of Justice could not fail to have some value at least in defining the linguistic situation more clearly in relation to the expression of legal terms in the Swahili language.