Law and the Public Sphere in Africa: La Palabre and Other Writings

241 Pages·2013·3.517 MB·English

by  Jean Godefroy Bidima, Laura Hengehold

Law and the PubLic SPhere in africa
worLd PhiLoSoPhieS
bret w. davis, d. a. Masolo, and alejandro Vallega, editors
Law and the PubLic
SPher e in a fr ica
La Palabre and Other Writings
Jean Godefroy bidima
Translated and edited by Laura Hengehold
Foreword by Souleymane Bachir Diagne
indiana university Press
bloomington and indianapolis
This book is a publication of
indiana university Press
office of Scholarly Publishing
herman b wells Library 350
1320 east 10th Street
bloomington, indiana 47405 uSa
iupress.indiana.edu
Telephone orders 800–842–6796
Fax orders 812–855–7931
© 2014 by indiana university Press
Titre original: La Palabre, Une juridiction de la parole 1ère édition en
france en 1997 aux Éditions Michalon. copyright © Jean Godefroy
bidima, 1997. Tous droits réservés.
all rights reserved
No part of this book may be reproduced or utilized in any form or
by any means, electronic or mechanical, including photocopying
and recording, or by any information storage and retrieval system,
without permission in writing from the publisher. The association
of american university Presses’ resolution on Permissions
constitutes the only exception to this prohibition.
∞ The paper used in this publication meets the minimum
requirements of the american National Standard for information
Science—Permanence of Paper for Printed Library Materials, aNSi
Z39.48–1992.
Manufactured in the united States of america
bidima, Jean Godefroy, [date]
[Palabre. english]
Law and the public sphere in africa : La palabre and other writings
/ Jean Godefroy bidima ; translated by Laura hengehold ; foreword
by Souleymane bachir diagne.
pages cm. — (world philosophies)
includes bibliographical references and index.
iSbN 978-0-253-01124-4 (cloth : alk. paper)
iSbN 978-0-253-01128-2 (ebook)
1. Political anthropology—africa. 2. Public meetings—africa.
3. dispute resolution (Law)—africa. 4. africa—Politics and
government. 5. africa—Social conditions. i. Title.
GN645.b5213 2013
306.2—dc23
2013034754
1 2 3 4 5 19 18 17 16 15 14
When I was very young, my mother hung a world map next
to the couch so that I would always learn the location
and name of places in the news. This translation is
dedicated to her, for without my mother’s encouragement
to learn French and explore other cultures, it would
never have come about. She is the one who gave me the
courage to learn.

contents
acknowledgments \ Jean Godefroy bidima ix
foreword \ Souleymane bachir diagne xiii
Preface to the english edition: Justice, deliberation,
and the democratic Public Sphere: Palabre and its
Variations \ Jean Godefroy bidima xv
Translator’s acknowledgments xl
introduction: Speech, belief, Power \ Laura hengehold 1
La Palabre: The Legal Authority of Speech
introduction 15
1 The Public Space of Palabre 17
2 a Political Paradigm 30
3 convergent Suspicions 36
4 a difficult Place in Political Thought 51
conclusion 70
Other Essays
rationalities and Legal Processes in africa 75
Strategies for “constructing belief” in the african Public Sphere:
“The colonization of the Lifeworld” 88
african cultural diversity in the Media 119
books between african Memory and anticipation 131
The internet and the african academic world 144
Notes 153
works cited 181
index 193
about the author and the Translator 198

acknowledgments
Jean Godefroy bidima

T
he reader will have ample opportunity to decide whether this book is a sym-
phony or a cacophony. however they may choose, readers are no fools and know that
the signed personal adventure of any book or article responds like an echo to many
individuals who have discreetly and patiently set this symphony or cacophony to
music. The responsibility for errors and rough statements in this text should be laid at
my own feet as the author; i turn over all the gratitude to those before me, who made
this book possible at so many levels.
i have to start with the most heartfelt thanks to antoine Garapon, magistrat and
secrétaire général of the institut des hautes Études of Justice in Paris, who not only
strongly encouraged this publication by welcoming it into the le Bien Commun series
with Éditions Michalon, but also drew my attention to the relationship between Paul
ricoeur’s work and problems associated with justice. i also give the friendliest recog-
nition to Professor Laura hengehold, who committed herself to translating and mak-
ing this book available to the american public, and whose questions pushed me to
reconsider the relations between mystification and politics in the african public space.
Many thanks as well to Publications de la Sorbonne, Éditions Michalon, Les Éditions
de l’uNeSco, the journal Diogenes, and other publishers who gave permission for the
reproduction of these texts.
a particular note of acknowledgement goes to francis abiola irele, who tirelessly
convinced me of the importance of orality despite the bad favor into which it has fallen
due to the chorus of those opposing ethnophilosophy. a warm thanks to philosophi-
cal friends and critics who enabled me to enrich this meditation and whose integrity
and works, at once diverse and rich, have been a source of inspiration to me: Souley-
mane bachir diagne, Nick Nesbitt, Seloua Luste boulbina, Mylène botbol-baum, and
emmanuel hirsch.
i will be forever indebted to the philosophical styles and the erudition of my pro-
fessors at the Sorbonne: olivier bloch, olivier revault d’allonnes, and hélène Védrine.
i am more than cognizant of the devotion and the enthusiasm shown by my teachers
at the primary school St. Pie X in the village of Mfoumassi in cameroon: Madame
Kavolo, Messieurs Grégoire Sala Mendzana, Jean (Le Grand) bidoung, Maurice ateba
akono, florent bekolo, aloys Mendogo, and Jean bidoung (alias Petit Jean).
My residency at university of bayreuth in Germany as Gastdozent (visiting associ-
ate professor) enhanced my exposure to debates about the dialogical public sphere ani-
mating the German philosophical scene at that time. My gratitude goes to Professor
ix