The presentation of claims in matrimonial proceedings in Tanzania:: A problem of language and legal culture

Open Access

Abstract

As a system that deals with social ordering, the law is very much a function of words, i. e. of language. Language is one of the most effective ways of communicating. One of the most cardinal principles of the common law criminal system is constituted in the maxim ignorantia juris non excusat (ignorance of the law is no excuse). In conformity with this principle, Tanzania`s Penal Code, the basic criminal law statute, assumes that everybody knows the law. Knowledge of the law presupposes `legal literacy`, which in turn means that the citizemy (or at least a reasonable portion of it) is capable of understanding what the law says. Hence, the law must speak in a language the people understand. Only then can they reasonably be expected to generally conduct themselves in accordance with the law.