Rethinking Indigenous Knowledge in the Maintenance of Law and Order: A Case of the Lugbara of Uganda

Abstract

In spite of modern law, post-colonial states still face increased social disorder, violence and crime. Although post-colonial theorists associate it to colonialism and modernization theorists attribute it to the effect of development such as industrialization and urbanization, their theories are not sustainable in explaining the prevailing social disorder. This paper attempted to historicize law and order by tracing the origin of social disorder, violence and crime. It argues that, the social philosophy of shared culture, values and history, the basis of indigenous social order and collective responsibility is neglected. Colonial law upon which modern law is established was exotic and serving testate and ruling class. Social disorder, violence and crime are a product of the clash between indigenous and modern law. It recommends a hybrid model of law and order integrating positive aspects of indigenous law into the modern system.