Domestic Violence and the Law in Colonial and Postcolonial Africa reveals the ways in which domestic space and domestic relationships take on different meanings in African contexts that extend the boundaries of family obligation, kinship, and dependency. The term domestic violence encompasses kin-based violence, marriage-based violence, gender-based violence, as well as violence between patrons and clients who shared the same domestic space. As a lived experience and as a social and historical unit of analysis, domestic violence in colonial and postcolonial Africa is complex.

Using evidence drawn from Sub-saharan Africa, the chapters explore the range of domestic violence in Africa’s colonial past and its present, including taxation and the insertion of the household into the broader structure of colonial domination.

African histories of domestic violence demand that scholars and activists refine the terms and analyses and pay attention to the historical legacies of contemporary problems. This collection brings into conversation historical, anthropological, legal, and activist perspectives on domestic violence in Africa and fosters a deeper understanding of the problem of domestic violence, the limits of international human rights conventions, and local and regional efforts to address the issue.

In recent decades, a more formalized and forceful shift has emerged in the legislative realm when it comes to gender and sexual justice in Africa. This rigorous, timely volume brings together leading and rising scholars across disciplines to evaluate these ideological struggles and reconsider the modern history of human rights on the continent. Broad in geographic coverage and topical in scope, chapters investigate such subjects as marriage legislation in Mali, family violence experienced by West African refugees, sex education in Uganda, and statutes criminalizing homosexuality in Senegal. These case studies highlight the nuances and contradictions in the varied ways key actors make arguments for or against rights. They also explore how individual countries draft and implement laws that attempt to address the underlying problems.
Legislating Gender and Sexuality in Africa details how legal efforts in the continent can often be moralizing enterprises, illuminating how these processes are closely tied to notions of ethics, personhood, and citizenship. The contributors provide new appraisals of recent events, with fresh arguments about the relationships between local and global fights for rights. This interdisciplinary approach will appeal to scholars in African studies, anthropology, history, and gender studies.

States of Marriage shows how throughout the colonial period in French Sudan (present-day Mali) the institution of marriage played a central role in how the empire defined its colonial subjects as gendered persons with certain attendant rights and privileges. The book is a modern history of the ideological debates surrounding the meaning of marriage, as well as the associated legal and sociopolitical practices in colonial and postcolonial Mali. It is also the first to use declassified court records regarding colonialist attempts to classify and categorize traditional marriage conventions in the southern region of the country. In French Sudan, as elsewhere in colonial Africa, the first stage of marriage reform consisted of efforts to codify African marriages, bridewealth transfers, and divorce proceedings in public records, rendering these social arrangements “legible” to the colonial administration. Once this essential legibility was achieved, other, more forceful interventions to control and reframe marriage became possible. This second stage of marriage reform can be traced through transformations in and by the colonial court system, African engagements with state-making processes, and formations of “gender justice.” The latter refers to gender-based notions of justice and legal rights, typically as defined by governing and administrative bodies as well as by socioxadpolitical communities. Gender justice went through a period of favoring the rights of women, to a period of favoring patriarchs, to a period of emphasizing the power of the individual—but all within the context of a paternalistic and restrictive colonial state.