NCJ Number
61673
Journal
International Journal of the Sociology of Law Volume: 7 Issue: 3 Dated: (AUGUST 1979) Pages: 275-296
Date Published
1979
Length
22 pages
Annotation
THE ROLE AND DEVELOPMENT OF LAW AND THE LEGAL SYSTEM IN EX-COLONIAL TERRITORIES, PARTICUALARLY IN GUYANA, IS DISCUSSED; KADI-JUSTICE AND SOCIAL CONTROL, THE LAYWER'S ROLE, AND IDEOLOGY ARE EMPHASIZED.
Abstract
GUYANA IS AN EX-COLONIAL TERRITORY ON THE MAINLAND OF SOUTH AMERICA. MOST INHABITANTS ARE DESCENDANTS OF FORMER AFRICAN SLAVES AND EAST INDIAN INDENTURED LABORERS. THE PROBLEM IS HISTORICALLY STRATIFIED IN TERMS OF COLOR, CLASS, AND ETHNICITY. THE SOCIOECONOMIC STRUCTURE OF THE COUNTRY DERIVES FROM THE PLANTATION SYSTEM; THIS REMAINS TRUE DESPITE THE FACT THAT THE MAJORITY OF THE PEOPLE NO LONGER LIVE OR WORK ON SUGAR ESTATES. MOST FORMS OF SOCIAL AND POLITICAL ORGANIZATION ARE STILL ROOTED IN THE ECONOMIC RELATIONS IMPOSED BY SYSTEMS OF FORCED COLLECTIVE LABOR EVEN AFTER 10 YEARS OF POLITICAL INDEPENDENCE. THESE CULTURAL PATTERNS HAVE A DIRECT INFLUENCE UPON THE EXISTING LEGAL SYSTEM. DURING SLAVERY, THE PLANTATION OWNER EXERCISED ABSOLUTE AUTHORITY OVER HIS SLAVES. THE COURTS COULD HARDLY INTERFERE IN THE RELATIONSHIP, ALTHOUGH 'SLAVE COURTS' DID EXIST IN WHICH SLAVES COULD TECHNICALLY BRING COMPLAINTS AGAINST THEIR MASTERS. SINCE LOWER-CLASS BLACKS WERE ALWAYS PRESUMED GUILTY IN ANY DISPUTE, HOWEVER, THIS STRUCTURE PROVED INEFFECTIVE. EMANCIPATION IN 1834 REQUIRED THAT THE PLANTATION OWNER HAND OVER HIS TOTAL POWER TO AN APPOINTED OFFICIAL, THE MAGISTRATE. THE OWNER, HOWEVER, PERSISTENTLY ATTEMPTED TO CONTROL THE MAGISTRY AND FREQUENTLY ENGAGED IN BITTER DISPUTES WITH COLONIAL GOVERNMENT OVER LEGAL RESOLUTION OF MASTER-SERVANT PROBLEMS. UNETHICAL, MONEY-ORIENTED LAWYERS WHO FIRST REPRESENTED COOLIES IN DISPUTES DID LITTLE TOWARD INCULCATING IN THE WORKING AND LOWER CLASS A RESPECT FOR LAW AND AUTHORITY BASED UPON PRINCIPLES OTHER THAN THE ULTIMATE SANCTIONS OF FORCE AND COERCION. IN GUYANA, AS IN MANY OF THE EX-COLONIAL TERRITORIES, THE LAW ITSELF HAS REMAINED AN INSTRUMENT OF STATE POWER WHOSE MANAGERS, INCLUDING JUDGES, AND LAWYERS, ARE SUCCESSFULLY MANIPULATED INTO RENDERING OUTCOMES SATISFACTORY TO THE GOVERNMENT OF THE DAY. THE RESULT HAS BEEN TO EXPOSE BOTH THE LEGAL AND JUDICIAL SYSTEMS AS WEAK AND INEFFECTUAL IN PROTECTING THE CITIZENS FROM THE EXCESSES OF GOVERNMENTAL AUTHORITARIANISM. NOTES AND REFERENCES ARE INCLUDED IN THE ARTICLE. (LWM)