ABSTRACT

There is a cruel irony in our study of law in the region. West Indian students of law are taught about Aquinas and law, and morality theories about the function of law in society, but mention is hardly ever made of the important immoral function the law played in much of the history of the Commonwealth Caribbean. This is its role in the infamous slave systems of the region. Indeed, traditionally legal analysts and jurists have not paid much attention to the historical functions of our law. Yet such a perspective is essential to a full appreciation of the values and norm-building precepts that underline law and legal systems in the Commonwealth Caribbean. While the established theories on the role and functions of law in society are important, the historical function of law in our legal system is just as significant. The role and functions of law in West Indian society have deeper dimensions which arise out of this historical connection.