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The Conclusion revisits the takeaway messages of the book’s research strategy and empirical inquiry. Lawyering Imperial Encounters tells the story of the relentless hangover of the past in the present. Law remains the vernacular of Africa’s uneven and unequal relationship with the world economy precisely because it is imprinted by the past Scrambles into the continent. Foremost, law’s position as the cutting edge of Africa’s relationship with capitalism reflects legal imperialism as a core variable in the deployment of power. This is illustrated by the conversion of Hong Kong as a gateway for the expansion of Chinese business interests abroad, which builds, itself, on the globalisation of the Wall Street model of the corporate law firm.
Chapter 2 argues that imperial powers (Britain, France and Belgium) deployed a similar strategy of legal imperialism during the nineteenth-century Scramble for Africa. Indirect rule operationalised the contradiction that colonial power was weak in its effective reach, yet strong in the systemic upheavals it engendered. It also fostered legal and capitalist unevenness, what Benton and Ford (2016) call ‘lumpiness’. The chapter focuses on three crisis situations that were ostensibly solved through juridical means: the 1920s Gold Coast conflicts before the Privy Council; the 1895 Stokes-Lothaire incident before the High Council of the Congo Free State; and pre-independence military trials in French and British colonies. Together, these judicial crises help account for structural commonalities in the articulation of post-independence African states with the world economy: the deployment of merchant law with and without state sovereignty and middling as a durable though variable sovereign resource of the post-colonial state.
Lawyering Imperial Encounters revisits the relationship between the African continent and global capitalism since the 19th century Scramble. Focused on sites of imperial encounters – in London, Paris, Abidjan, Bujumbura, Kinshasa, Johannesburg or the Hague, it provides an unprecedented account of the correlation between the legacy of legal imperialism and British hegemony, and the uneven and unequal expansion of finance and global justice in the current rush for Africa's 'green' minerals. Tracking the role played by legal intermediaries to negotiate and justify Africa's practical and symbolic subaltern position in the global economy, it demonstrates the interconnectedness between political, legal and economic change in capitalism's cores and its so-called peripheries. Embracing the global turn in sociology, history and legal scholarship, it rubs against the functionalist account of global value chains as engines of development. It also constitutes a powerful postcolonial critique of law's double-bind - as both enabler and bulwark against domination.
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