Harvey, William B.

English

bepress Legal Repository

Jefferson B. Fordham: Legal Education and Scholarship in Africa

Harvey, William Burnett

Indiana University Bloomington Maurer School of Law

Maurer School of Law: Indiana UniversityDigital Repository @ Maurer LawArticles by Maurer Faculty Faculty Scholarship1970Jefferson B. Fordham: Legal Education andScholarship in AfricaWilliam Burnett HarveyIndiana University School of Law - BloomingtonFollow this and additional works at: http://www.repository.law.indiana.edu/facpubPart of the African Studies Commons, Comparative and Foreign Law Commons, and the LegalEducation CommonsThis Article is brought to you for free and open access by the FacultyScholarship at Digital Repository @ Maurer Law. It has been accepted forinclusion in Articles by Maurer Faculty by an authorized administrator ofDigital Repository @ Maurer Law. For more information, please contactwattn@indiana.edu.Recommended CitationHarvey, William Burnett, "Jefferson B. Fordham: Legal Education and Scholarship in Africa" (1970). Articles by Maurer Faculty. Paper1184.http://www.repository.law.indiana.edu/facpub/1184[Vol.118JEFFERSON B. FORDHAM: LEGAL EDUCATIONAND SCHOLARSHIP IN AFRICAWnxm B. HARvEY tObvious hazards are inherent in my writing an appreciation ofJeff Fordham's career-even when that writing is to be limited to asingle aspect. One is the bias of friendship. I cannot eliminate thishazard but can only acknowledge it and declare my intention to be asobjective as possible. A second is the possibility that a tribute to themost vital of colleagues will sound somewhat like a soliloquy at awake. Here, however, the living fact belies any verbal impression.As anyone who recently has visited, worked, or argued with Jeffknows, he is indeed vigorously at work in Philadelphia.My brief comment will deal with Jeff's work in support of legaleducation and scholarship in Africa. This focus is appropriate.During recent years Jeff has played a prominent and fruitful role inthe American attempt to assist young, struggling law faculties in severalAfrican countries to produce lawyers responsive to the needs of acontinent in ferment.American lawyers and law teachers paid scant attention to legaldevelopment in Africa until the late fifties. By January 1962, how-ever, when a Conference on Legal Education in Africa was held inLegon, Ghana, under the sponsorship of the University of Ghana,sufficient interest had developed to produce an American delegationof eight lawyers. Among these Jeff was a leading member.' InGhana we found an understaffed law faculty which was confrontinggrave problems in developing and maintaining a relation with Dr.Nkrumah's government that was compatible with its own academicintegrity. The Conference itself starkly revealed the deep systemicand linguistic cleavage between the francophonic lawyers and thosefrom English-speaking Africa, the swirling political forces, and theurgent need to produce African lawyers who could respond creativelyto Africa's revolutionary hopes and expectations.The Legon Conference convinced us that the Africans wouldaccept some American assistance in developing their programs of legalt Dean and Professor of Law and Government, Indiana University. A.B. 1943,Wake Forest University; J.D. 1948, University of Michigan. Member, District ofColumbia Bar. Dean Harvey served as Dean and Professor of Law at the Uni-versity of Ghana from 1962 to 1964.1 The other members of the delegation were John S. Bainbridge, then of ColumbiaUniversity and now director of the African Program of the International LegalCenter; Albert H. Garretson of New York University; James C. N. Paul, then ofthe University of Pennsylvania; Max Rheinstein of the University of Chicago; CharlesRunyon, then of Yale University and now with the State Department; Arthur E.Sutherland of Harvard University; and the author.(678)DEAN JEFFERSON B. FORDHAMeducation, and we believed this assistance might be useful. On thisbasis and with support from the Ford Foundation, the American dele-gates, in March 1962, formulated a program and a grant proposalfor consideration by the Foundation. By June these had led to the firstof four grants to the SAILER project (Staffing African Institutionsof Legal Education and Research). An advisory committee com-prised of the eight American delegates to the Legon Conference wasconstituted, and Jeff was appointed the chairman. Until the SAILERproject was merged into the International Legal Center on July 1,1967, he continued as chairman. Since that merger, he has acted as aconsultant to the Center on its African program, has visited and advisedmany of the African law faculties with which SAILER and the ILChave been associated, and has participated in special seminars heldin this country for African lawyers studying here.Jeff Fordham's concern for legal study in and about Africa has notbeen that of the involved scholar; his scholarly commitment lies inother areas. Rather, his concern, which permeated the SAILERproject and much of the African program of the ILC, has been toassist, at least on an interim basis, the efforts to educate Africanlawyers in Africa. The risks inherent in this undertaking were obviousand disturbing. Most of us involved in the effort had very limitedexperience in or familiarity with the cultures, legal institutions, andpolitical processes of a vast and complex continent. Necessarily, mostof the actual work in Africa was entrusted to young, recent graduatesof American law schools. Teaching, researching, and helping to re-shape African law inevitably exposed the American teacher to shiftingpolitical forces and their potential for personal adversity as well asfor the destruction of patiently nurtured educational enterprises. Inthis context, it is not surprising that sharp differences of view onapproaches and emphases occasionally arose in the SAILER and ILCadvisory groups, that choices of people for assignments in Africa oftenproved agonizing, or that some apparent successes were swiftly trans-formed into crushing defeats.Though the hazards were great, so were the needs. After cen-turies of exploitation and deprivation, Africa was awakening. NewAfrican leaders taking over the powers and responsibilities of govern-ment faced enormous problems in mobilizing and channeling theenergies of their people for development. Imaginative, disciplinedlawyers in both the private and public sectors were desperately needed.Yet in many of the new nations there were virtually no Africanlawyers. In those nations which possessed a significant lawyer popu-lation, too many were rigid defenders and practitioners of a system of680 UNIVERSITY OF PENNSYLVANIA LAW REVIEWlaw largely unrelated to the realities or aspirations of the society itwas to serve and mold.Jeff Fordham exercised a major influence in shaping the Ameri-can involvement in African legal education. Understanding thatinvolvement, therefore, develops an understanding of the man. Iteschewed officious intervention; instead it sought to respond affirma-tively to African receptivity and perceptions of need. It rested on thebelief that the African nations could and should devel6p law facultiesof real excellence. It was remarkably free of the patronizing assump-tion that Africa's legal salvation lay in the uncritical importation ofAmerican institutions. It saw law pragmatically as a means of meetinghuman needs and consequently insisted that the study of law shouldbe illumined by study of the social, political, and economic matrix inwhich it was to be developed and applied. It envisaged the Africanlawyer as an indispensable partner in any successful efforts towardmodernization, economic development, political stability, and publicorder.Probably it is too early to evaluate the contribution of Americanlawyers to legal education in Africa. As a participant, I am hesitantto attempt the assessment. Out of that experience, however, I canspeak, not of a program or its concrete achievements, but of a man.Jeff Fordham has contributed generously of his energies andinsights to African legal education. With the same deep commitmentwhich characterizes the rest of his career as teacher, scholar, dean of agreat law school, and respected leader of his profession, he has rejectedthe view that ethnic or cultural factors should be permitted to delimitthe pursuit of justice, rational order, and governmental decency. Hehas held to the belief that law faculties of high quality can significantlyshape and support strong universities, and that such universities areindispensable to African development. While these convictions andcommitments have earned the respect of his associates, Jeff has notforfeited their affection. Courteous, even courtly in manner, sharp andpenetrating in argument, but warm and considerate with his adver-saries, and firm without hint of intransigence, Jeff Fordham has turnedthe best face of legal education toward colleagues in Africa.Jeff's resignation from the deanship at Pennsylvania provides anappropriate occasion for honoring him in recognition of past achieve-ment. Perhaps more appropriately, however, one might speculate onthe next phases of a distinguished career. One of the happiest possi-bilities would be to enlist his talent and his dedication even moresubstantially in the building of responsible legal and educational insti-tutions in Africa.[Vol.l18:665

Penn Law: Legal Scholarship Repository

[Vol.118JEFFERSON B. FORDHAM: LEGAL EDUCATIONAND SCHOLARSHIP IN AFRICAWnxm B. HARvEY tObvious hazards are inherent in my writing an appreciation ofJeff Fordham's career-even when that writing is to be limited to asingle aspect. One is the bias of friendship. I cannot eliminate thishazard but can only acknowledge it and declare my intention to be asobjective as possible. A second is the possibility that a tribute to themost vital of colleagues will sound somewhat like a soliloquy at awake. Here, however, the living fact belies any verbal impression.As anyone who recently has visited, worked, or argued with Jeffknows, he is indeed vigorously at work in Philadelphia.My brief comment will deal with Jeff's work in support of legaleducation and scholarship in Africa. This focus is appropriate.During recent years Jeff has played a prominent and fruitful role inthe American attempt to assist young, struggling law faculties in severalAfrican countries to produce lawyers responsive to the needs of acontinent in ferment.American lawyers and law teachers paid scant attention to legaldevelopment in Africa until the late fifties. By January 1962, how-ever, when a Conference on Legal Education in Africa was held inLegon, Ghana, under the sponsorship of the University of Ghana,sufficient interest had developed to produce an American delegationof eight lawyers. Among these Jeff was a leading member.' InGhana we found an understaffed law faculty which was confrontinggrave problems in developing and maintaining a relation with Dr.Nkrumah's government that was compatible with its own academicintegrity. The Conference itself starkly revealed the deep systemicand linguistic cleavage between the francophonic lawyers and thosefrom English-speaking Africa, the swirling political forces, and theurgent need to produce African lawyers who could respond creativelyto Africa's revolutionary hopes and expectations.The Legon Conference convinced us that the Africans wouldaccept some American assistance in developing their programs of legalt Dean and Professor of Law and Government, Indiana University. A.B. 1943,Wake Forest University; J.D. 1948, University of Michigan. Member, District ofColumbia Bar. Dean Harvey served as Dean and Professor of Law at the Uni-versity of Ghana from 1962 to 1964.1 The other members of the delegation were John S. Bainbridge, then of ColumbiaUniversity and now director of the African Program of the International LegalCenter; Albert H. Garretson of New York University; James C. N. Paul, then ofthe University of Pennsylvania; Max Rheinstein of the University of Chicago; CharlesRunyon, then of Yale University and now with the State Department; Arthur E.Sutherland of Harvard University; and the author.(678)DEAN JEFFERSON B. FORDHAMeducation, and we believed this assistance might be useful. On thisbasis and with support from the Ford Foundation, the American dele-gates, in March 1962, formulated a program and a grant proposalfor consideration by the Foundation. By June these had led to the firstof four grants to the SAILER project (Staffing African Institutionsof Legal Education and Research). An advisory committee com-prised of the eight American delegates to the Legon Conference wasconstituted, and Jeff was appointed the chairman. Until the SAILERproject was merged into the International Legal Center on July 1,1967, he continued as chairman. Since that merger, he has acted as aconsultant to the Center on its African program, has visited and advisedmany of the African law faculties with which SAILER and the ILChave been associated, and has participated in special seminars heldin this country for African lawyers studying here.Jeff Fordham's concern for legal study in and about Africa has notbeen that of the involved scholar; his scholarly commitment lies inother areas. Rather, his concern, which permeated the SAILERproject and much of the African program of the ILC, has been toassist, at least on an interim basis, the efforts to educate Africanlawyers in Africa. The risks inherent in this undertaking were obviousand disturbing. Most of us involved in the effort had very limitedexperience in or familiarity with the cultures, legal institutions, andpolitical processes of a vast and complex continent. Necessarily, mostof the actual work in Africa was entrusted to young, recent graduatesof American law schools. Teaching, researching, and helping to re-shape African law inevitably exposed the American teacher to shiftingpolitical forces and their potential for personal adversity as well asfor the destruction of patiently nurtured educational enterprises. Inthis context, it is not surprising that sharp differences of view onapproaches and emphases occasionally arose in the SAILER and ILCadvisory groups, that choices of people for assignments in Africa oftenproved agonizing, or that some apparent successes were swiftly trans-formed into crushing defeats.Though the hazards were great, so were the needs. After cen-turies of exploitation and deprivation, Africa was awakening. NewAfrican leaders taking over the powers and responsibilities of govern-ment faced enormous problems in mobilizing and channeling theenergies of their people for development. Imaginative, disciplinedlawyers in both the private and public sectors were desperately needed.Yet in many of the new nations there were virtually no Africanlawyers. In those nations which possessed a significant lawyer popu-lation, too many were rigid defenders and practitioners of a system of680 UNIVERSITY OF PENNSYLVANIA LAW REVIEWlaw largely unrelated to the realities or aspirations of the society itwas to serve and mold.Jeff Fordham exercised a major influence in shaping the Ameri-can involvement in African legal education. Understanding thatinvolvement, therefore, develops an understanding of the man. Iteschewed officious intervention; instead it sought to respond affirma-tively to African receptivity and perceptions of need. It rested on thebelief that the African nations could and should devel6p law facultiesof real excellence. It was remarkably free of the patronizing assump-tion that Africa's legal salvation lay in the uncritical importation ofAmerican institutions. It saw law pragmatically as a means of meetinghuman needs and consequently insisted that the study of law shouldbe illumined by study of the social, political, and economic matrix inwhich it was to be developed and applied. It envisaged the Africanlawyer as an indispensable partner in any successful efforts towardmodernization, economic development, political stability, and publicorder.Probably it is too early to evaluate the contribution of Americanlawyers to legal education in Africa. As a participant, I am hesitantto attempt the assessment. Out of that experience, however, I canspeak, not of a program or its concrete achievements, but of a man.Jeff Fordham has contributed generously of his energies andinsights to African legal education. With the same deep commitmentwhich characterizes the rest of his career as teacher, scholar, dean of agreat law school, and respected leader of his profession, he has rejectedthe view that ethnic or cultural factors should be permitted to delimitthe pursuit of justice, rational order, and governmental decency. Hehas held to the belief that law faculties of high quality can significantlyshape and support strong universities, and that such universities areindispensable to African development. While these convictions andcommitments have earned the respect of his associates, Jeff has notforfeited their affection. Courteous, even courtly in manner, sharp andpenetrating in argument, but warm and considerate with his adver-saries, and firm without hint of intransigence, Jeff Fordham has turnedthe best face of legal education toward colleagues in Africa.Jeff's resignation from the deanship at Pennsylvania provides anappropriate occasion for honoring him in recognition of past achieve-ment. Perhaps more appropriately, however, one might speculate onthe next phases of a distinguished career. One of the happiest possi-bilities would be to enlist his talent and his dedication even moresubstantially in the building of responsible legal and educational insti-tutions in Africa.[Vol.l18:665

https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=5881&amp;context=penn_law_review

Jefferson B. Fordham: Legal Education and Scholarship in Africa

Abstract

Similar works

Full text

Available Versions

bepress Legal Repository

Indiana University Bloomington Maurer School of Law

bepress Legal Repository

Penn Law: Legal Scholarship Repository