Crime and Punishment in the Colonies: Judging and Sanctioning in Dahomey (1894-1945)

Grasping the colonial penal project and unfolding its implementation, from the criminal or delinquent act to the sanction, through prosecution and judgment: this is the ambitious objective of this research conducted by Bénédicte Brunet-La Ruche. Covering the territory of French West Africa between 1894 and 1945, this thesis sheds light on the functioning of colonial justice in Dahomey (present-day Benin, including the region of Ouidah).

A Segregated Judicial Mechanism

The principle of separation between "European citizen" and "indigenous subject," on which the entire judicial apparatus was built, extended to the entire penal journey followed by the Dahomeans. This system fostered the perception of a supposedly "indigenous" criminality, leading to a highly differentiated execution of sanctions based on the status of the condemned.

However, this segregated repressive process remained poorly structured in its logical continuity. While indigenous justice was increasingly invested by the colonial government, the ends of the penal chain (police and prisons) were scarcely considered in terms of social integration or rehabilitation.

A "Domination Without Hegemony"

The police forces and prisons primarily served an evolving political and economic order, designed to establish colonial authority. The daily management of judicial police and the functioning of prisons were thus largely left in the hands of local chiefs and various African auxiliaries.

This delegation led to the progressive adaptation of the repressive regime into a system the author describes as "domination without hegemony." Indigenous justice, the true backbone of this system, crystallized both the criticisms against the colonial order and the main venue where power relations were renegotiated.

Justice as a Site of Resistance

Far from being mere spectators, Dahomean defendants often used the courts to expose the social conflicts inherent in the colonial situation. Judicial spaces thus became unexpected arenas of resistance and renegotiation of power against the French administration.

In conclusion, the penal journey endured and experienced by the local populations during the first half of the 20th century appears as a distorted reflection of an imperial repressive project. A project dominated by the obsession with maintaining order, but which remained, in reality, relatively shapeless and politically unstable.

Academic Reference & Citation

If you wish to cite this research in an academic context, please use the following reference:

Bénédicte Brunet Brunet-La Ruche. "Crime and Punishment in the Colonies": pursuing, judging, sanctioning in Dahomey from 1894 to 1945. History. 2013. French. ⟨tel-00979289⟩

Summary and adaptation proposed by Ouidah Origins.

Related Pillars & Further Reading

On Ouidah Origins: The Slave Route · Architectural Heritage

External Sources:

• HAL Archive