Ten - Colonial Legal Duality: The Creation of Legal Codes for Indigenous Populations

Summary

In the following chapters, I analyse several attempts to interrupt the abyssal nature of the modern state emerging from my previous research on sociology of law. I try to identify the reasons why most of such attempts failed. In this chapter, I analyse some of the most salient features of the state and the legal system in Mozambique proposing the concept of heterogeneous state to highlight the breakdown of the modern equation between the unity of the state and the unity of its legal and administrative operation. The centrality of legal pluralism is analysed in light of an empirical research focused on community courts and traditional authorities. I use the concept of legal hybridisation with the purpose of showing the porosity of the boundaries of the different legal orders and cultures in Mozambique and the deep cross-fertilisations or cross-contaminations among them. Special attention is given to the multicultural plurality resulting from the interaction between modern law and traditional law, the latter conceived of as an alternative modernity.