“非洲需要为人民的需要而培训许多律师”:夸梅·恩克鲁玛统治下的加纳在法律教育方面的斗争

J. Harrington, A. Manji
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引用次数: 3

摘要

在20世纪50年代末和60年代初,许多非洲国家建立了大学法学院,导致了关于法律教育目的的激烈争论。这些斗争的风险很高。在殖民统治时期,法律教育被刻意忽视,但对包括加纳首任总统夸梅·恩克鲁玛(Kwame Nkrumah)在内的新国家领导人来说,法律教育是一个重要的关注点。对于寻求塑造非洲新大学发展的海外英国学者和美国基金会来说,这也是一个重要的焦点。争论的焦点是培训是完全以学术为基础,只在加纳大学教授,还是另外通过一个具有更实际精神的专门法学院提供。这场辩论与恩克鲁玛日益独裁的政府和大学之间关于学术自由的更广泛的对抗,以及整个加纳更广泛的政治和阶级斗争纠缠在一起。在1962年至1964年期间,美国法学院院长和其他工作人员因被指控有煽动性意图而被驱逐出境,紧张局势达到了顶峰。本章记录了这些复杂的斗争,确定了其中更广泛的政治利害关系,挑选了主要的,竞争的法律教育哲学,激发了他们,并将所有这些与非殖民化的更广泛的历史关头联系起来。通过对当时档案材料的回顾,本章表明,关于法律教育的辩论具有超越法学院范围的意义。他们讨论了非洲民族主义、发展和社会进步、英国统治的矛盾遗产以及美国在这些领土上日益增长的影响力等问题。
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“Africa Needs Many Lawyers Trained for the Need of Their Peoples”: Struggles over Legal Education in Kwame Nkrumah’s Ghana
In the late 1950s and early 1960s, the setting up of university law schools in many African nations led to often bitter battles over the purpose of legal education. The stakes in these struggles were high. Deliberately neglected under colonial rule, legal education was an important focus for the leaders of new states, including Kwame Nkrumah, the first president of Ghana. It was also a significant focus for expatriate British scholars and American foundations seeking to shape the development of new universities in Africa. Disputes centered on whether training would have a wholly academic basis and be taught exclusively in the University of Ghana or be provided in addition through a dedicated law school with a more practical ethos. This debate became entangled in a wider confrontation over academic freedom between Nkrumah’s increasing authoritarian government and the university, and indeed in wider political and class struggles in Ghana as a whole. Tensions came to a head in the period between 1962 and 1964 when the American Dean of Law was deported along with other staff over allegations of their seditious intent. This chapter documents these complex struggles, identifying the broader political stakes within them, picking out the main, rival philosophies of legal education which animated them, and relating all of these to the broader historical conjuncture of decolonization. Drawing on a review of archival materials from the time, the chapter shows that debates over legal education had a significance going beyond the confines of the law faculty. They engaged questions of African nationalism, development and social progress, the ambivalent legacy of British rule and the growing influence of the United States in these territories.
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