Why Does Law, in Africa, Always Refuse to Accept Pluralism Induced by Communalism ?
This question is focused on my research in the years 1960. After dismissing the continuity of policies such as bureaucratic carelessness of colonial inheritance and the hypothesis of a superiority of modern law facing to ancestral customs, I have debated an another inheritance, the Marxist one, about the link between the generalization of capitalism and legal and political superstructures. But an international project on legal transfers at the end of the 1970s’ revealed the place and role of a professional ideology, of the Lawyers, associated with technical training in law schools and enforcing monologism in the legal discourse. To escape to the effects of this ideology, we have to overhaul the analysis on the basis of the new paradigm of « juridicity » and of a « complete » pluralism.