The study of the means to economic growth doubtless has an attraction all its own for the professional economist; but to the average lawyer it might seem a dry and dusty subject, and in any event no concern of his.
Even if this reaction on the part of the lawyer were correct for this country (and I believe it is not), it is certainly far from the truth in contemporary Africa. The lawyer has, in the developing countries of Africa, a highly creative role to perform; and in the term ‘lawyer’ I shall include both those who devise the laws—the law reformers, the legislators, the draftsmen; those who administer them—the judges, the practitioners; and those who study and criticize the law—the academic lawyers such as myself.
What are the economic problems with which African countries are now faced? What are the legal implications of those problems? To what extent can the law act as a brake on economic progress, or alternatively stimulate or harness such progress? What is to be the role of the lawyer in all this? In my attempt to answer these questions, I shall be taking a closer look at one or two fields of the law which have particular economic significance: pre-eminent among these is the law of property; almost equally important is the structure of credit and the laws which govern or guarantee its supply; and lastly, for readers outside Africa, it will perhaps be useful to examine the ways in which improvements in the law can encourage foreign investment in African countries.