‘Culturally Unsuited to Property Rights?’: Colonial Land Laws and African Societies

17 Pages Posted: 13 Aug 2013

Date Written: September 2013

Abstract

Hernando de Soto, advocate of central registers of land rights, raised the possibility of Africans being culturally unsuited to property rights. This article argues that sub‐Saharan Africa's high proportion of tribal/communal land (as distinguished from private and public/state land) results from a combination of geography, history, and population distribution. External colonial rule created a dual system of land tenure that restrained private property rights in the tribal/communal land areas. The research draws upon archival evidence from the colonial land tenure panel chaired by Lord Hailey (1945–50). The finding is not that Africans are inherently culturally unsuited to property ownership, but that colonialism reinforced pluralistic forms of property rights, which create particular challenges to land law reform.

Suggested Citation

Home, Robert, ‘Culturally Unsuited to Property Rights?’: Colonial Land Laws and African Societies (September 2013). Journal of Law and Society, Vol. 40, Issue 3, pp. 403-419, 2013. Available at SSRN: https://ssrn.com/abstract=2309214 or http://dx.doi.org/10.1111/j.1467-6478.2013.00632.x

Robert Home (Contact Author)

Anglia Ruskin University ( email )

East Road
Cambridge CB1 1PT
United Kingdom

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