Descrizione
The book is dedicated to Italian colonial law, with particular attention to the aspect of the administration of justice, as well as in the perspective of comparison with other models of European colonialism in the African continent. The comparative examination allows us to identify the characteristics of Italian colonialism, which followed a sort of intermediate path between the paradigm of British indirect rule and that of direct rule (based on the principle of assimilation) which was peculiar to the French experience. The analysis of law in the books (formalism) is accompanied by that of law action/in practice (legal realism), to demonstrate how the models of colonial government were distant from each other more on a theoretical level than on the level of practical application. On the other hand, the stratified examination allows us to highlight how colonial law is one of the ‘layers’ of African law, with important implications also in terms of the synchronic and contemporaneity study of legal pluralism in Africa. In ex-colonial countries, in fact, the ‘legal layers’ are co-present and none of them has gained the upper hand, rather the legal complexes (i.e., the ‘layers’) find themselves in a situation of competition which is essential for understanding the characteristics of legal pluralism, as well as more precisely the different forms of pluralism, that is to say the pluralism of pluralisms.
