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Download Date 08/10/2021 06:15:53 Family law, marital disputing and domestic violence in post-colonial Senegal, West Africa Item Type text; Dissertation-Reproduction (electronic) Authors London, Scott Barry, 1962- Publisher The University of Arizona. Rights Copyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author. Download date 08/10/2021 06:15:53 Link to Item http://hdl.handle.net/10150/284052 INFORMATION TO USERS This manuscript has been reproduced from the microfilm master. UMI films the text directly f^ the original or copy submitted. Thus, some thesis and dissertation copies are in typewriter face, while others may be f^ any type of computer printer. The quality of this reproduction ie dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleedthrough, substandard margins, and improper alignment can adversely affect reproduction. In the unlikely event that the author did not send UMI a complete manuscript and there are missing pages, these will be noted. Also, if unauthorized copyright material had to be removed, a note will indicate the deletion. Oversize materials (e.g., maps, drawings, charts) are reproduced by sectioning the original, beginning at the upper left-hand comer and continuing from left to right in equal sectrans with small overiaps. Photographs ^uded in the original manuscript have been reproduced xerogiaphically in this copy. Higher quality 6' x 9" Mack and white photographic prints are available fbr any photographs or illustratk)ns appearing in this copy for an additional charge. Contact UMI directly to order. Bell & Howell Informatton and Learning 300 North Ztoeb Road. Ann Arbor, Ml 48106-1346 USA UMI' 800^1-0600 FAMILY LAW, MARITAL DISPUTING AND DOMESTIC VIOLENCE IN POST-COLONIAL SENEGAL, WEST AFRICA by Scott Barry London A Dissertation Submitted to the Faculty of the DEPARTMENT OF ANTHROPOLOGY In Partial Fulfillment of the Requirements For the Degree of DOCTOR OF PHILOSOPHY In the Graduate College THE UNIVERSITY OF ARIZONA 1999 UMI Number 9960252 UMI" UMI Microfomi9960252 Copyright 2000 by Bell & Howell Information and Learning Company. All rights reserved. This microform edition is protected against unauthorized copying under Title 17, Untted States Code. Bell & Howell Information and Learning Company 300 North Zeeb Road P.O. Box 1346 Ann Arbor. Ml 48106-1346 2 THE UNIVERSITY OF ARIZONA « GRADUATE COLLEGE As members of the Final Examination Committee, we certify that we have read the dissertation prepared by Scott Barry London entitled Family T.aui anH ^ r. ^ g ] Senegal, West Africa and recommend that it be accepted as fulfilling the dissertation requirement for the Degree of Doctor of Philosophy Dr. /|U.chard Henderson h 10' 00 iDr. V. Spike Peterson ®®te Date Date Final approval and acceptance of this dissertation is contingent upon the candidate's submission of the final copy of the dissertation to the Graduate College. I hereby certify chat I have read this dissertation prepared under my direction and recomend thac it be accepted as fulfilling the dissertation requirement. 12-2^-'if Dissertation Director Date Dr. Susan U. Philips 3 STATEMENT BY AUTHOR This dissertation has been submitted in partial fulfillment of requirements for an advanced degree at the The University of Arizona and is deposited in tte University Library to be made available to borrowers under rules of the Library. Brief quotations from this dissertation are allowable without special permission, provided that accurate acknowledgement of source is made. Requests for permission for extended quotation from or reproduction of this manuscript in whole or in part may be granted by the head of the major department or the Dean of the Graduate College when in his or her judgment the proposed use of the material is in the interests of scholarship. In all other instances, however, permission must be obtained from the author. SIGNED: 4 ACKNOWLEDGEMENTS The genesis of this project idea rests with three individuals: Helene Cisse, Marcia Inhom, and Peter Just. Prof. Sidney Plotkin receives special thanks for helping to cultivate the intellectual curiosity and academic rigor without which I would have undertaken other pursuits. Many Senegalese and other African scholars gave generously of their time in the development of this research, too numerous to name here. The faculty at / 'Institut fondamental d'afrique noire, especially Mamadou Niang and Fatou Sow; the faculty at the Universite de Gaston Berger, especially Ousmane Kane, and the Faculte de droif, the staff at the Council for the Development of Social Science Research in Afnca, especially Mamadou Diouf I benefitted from the talents of several research assistants; Awa Ba, Marieme Ba, Rama Ba, Babacar Diack, Coomba Diakhate, and Abdoulaye N'Diaye. This project could never have taken place without the willing support of the Senegalese Ministry of Justice, as well as the local judicial hierarchy, especially judges Ba, Coulibaly, Diakhate, N'Diaye, and Tupan, the clerks Diallo and Drame, and the enormously helpful support staff. The office of the Cultural Attache of the U.S. Embassy established indispensable relations with the Justice Ministry on my behalf Although a large town, I feel obliged to acknowledge the people of St.-Louis, so many of whom put up with my lengthy, often puzzling and pesky presence for so long. The special friends I made are too many to list, but a loving embrace must be extended to the Diack family, the Diakhate family, and the M'Bow family. Thanks to the many people who invited me into their homes for tea, a meal, or conversation. To all who allowed me into their lives, the present work would not have been possible without them. For their fnendship and logistical aid in Senegal, special gratitude to Heather Carter, Cynthia Donovan, Lisa Friedenberg, Jessica Fugate, Jacqueline Socia, Leigh Swigert, Aliou Tall, Sara Rasmussen Tall, Marco Wopereis, and Mayra Wopereis. Thanks to Florence Jordan and Susan London for countless care packages and phone calls. For indispensable personal support, I thank Steven Bearman, Rosemary Carey, Sarah Flatow, David London, Susan London, Frank Powers, Rita Reneaux and Ronin. As for my Dissertation Committee, Susan U. Philips, Richard Henderson, and V. Spike Peterson, from the moment I began to work with each of them, I have been humbled by their intellectual prowess, honesty, and generosity. The errors here are mine; the strengths would be absent without their contribution. This project was made possible by the following agencies; The Fulbright Award, the H.F. Guggenheim Foundation Dissertation Fellowship for Research on Violence and Aggression, the National Science Foundation (Law and Social Science Division), the National Security Education Program, the Sigma Xi Association, the University of Arizona Graduate Research Fund, and the West Afhcan Research Association. I was privileged to be accompanied to Senegal by Dr. Beth Jordan, my wife, who enhanced my research in innumerable ways and who provided indispensable moral and financial support upon our return. In the amiable race to be bom first, our daughter, Hannah Kathenne Jordan London, beat out this dissertation by over three months, then waited with infinite patience for me to catch up. 5 DEDICATION To Beth, and to the people of Saint-Louis, Senegal. 6 TABLE OF CONTENTS ABSTRACT 9 L INTRODUCTION 10 Chapter Summaries 15 Study Population 17 Education 19 Socio-Economic Status 20 Religion 24 Ethnicity and Linguistic Identity 25 Caste 28 Sampling 28 Methods 31 Formal, Semi-Structured Interviews 31 Interviews with Specialists 32 Informal Conversations 35 Focus Groups 35 Conciliation Sessions in Court 35 Court Documents 35 Participant-Observation 36 Surveys 37 Language Skills 37 Studying Domestic Violence 39 Personal Reflections 40 n. CULTURAL AND ECONOMIC CONTEXT OF GENDER IDENTITIES AND DISPUTING 53 Introduction 53 Construction of Gender Identities 55 The Ideology of Female Submission 61 Economics of the Senegalese Culture of Conflict 67 Public/Private Dichotomy in Senegal 70 Eroticization of Public Space 72 Personal Encounters with the Public/Private Split 73 The Anxious Economics of Women in Public Space 76 Taking Boundary Violations to Court 77 Feminist Deconstruction of the Public/Private Split 78 Conclusion 83 in. FAMILY LAW, THE STATE, AND THE NATION 84 Introduction 87 Development of the Post-Colonial Senegalese Nation 88 Moslem Brotherhoods 92 The Basis of Nationhood 105 Family Law, Gender, and Nationalism 106 The Family Code 110 7 TABLE OF CONTENTS — Continued Paper 130 Transnationalism, Nationalism, and Identity 131 Conclusion 137 IV. MARITAL DISPUTING, CONCILIATION, AND THE FAMILY COURTS 139 Judicial Style and Judicial Ideology 139 First Court Session 153 Second Court Session 158 Third Court Session 160 Fourth Court Session 163 Fifth Court Session 166 Sixth Court Session 168 Seventh Court Session 172 Eighth Court Session 180 Ninth Court Session 191 Tenth Court Session 208 Conclusion 230 V. NON-STATE DISPUTE RESOLUTION 232 Introduction 232 Mediation in the U.S 234 Mediation's Claims 234 Non-State Mediation in Senegal 236 Gender Construction, Cultural Change, and Non-State Mediation 238 Disputant Options 242 Conciliation and the Reification of Gender Identities 243 Interviews with Third-Party
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