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Currently in Tanzania, most laws are codified such as the Law of Contract Act CAP 345 [Laws of the United Republic of Tanzania], that governs contractual matters. However, few exceptions include customary law, Islamic law
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Codification can be broadly be defined as the process of collecting, compiling and restating unwritten laws to form a systematic written legal code. 19th century legal jurist John Austin improved on this definition to introduce two further theories on codification that is codification that innovates in form and codification that innovates in substance. These will be discussed later. Currently in Tanzania, most laws are codified such as the Law of Contract Act CAP 345 [Laws of the United Republic of Tanzania], that governs contractual matters. However, few exceptions include customary law, Islamic law and certain practises that rely on unwritten common law. Tanzania was a British trust territory and inherited many British legal practises through the reception clause [section (2) subsection (II)] of the Judicature and Application of Laws Ordinance [now Act]. This essay will thus examine the viability of total codification in Tanzania in relation to Austin's two theories...
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