Jerry John Rawlings: Leadership and

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Felix Kumah-Abiwu
Sabella Ogbobode Abidde Editors

Jerry John
Rawlings
Leadership and Legacy: A Pan-African
Perspective
Jerry John Rawlings
Felix Kumah-Abiwu • Sabella Ogbobode Abidde
Editors

Jerry John Rawlings

Leadership and Legacy: A Pan-African
Perspective
Editors
Felix Kumah-Abiwu Sabella Ogbobode Abidde
Department of Africana Studies Department of History and Political Science
Kent State University Alabama State University
Kent, OH, USA Montgomery, AL, USA

ISBN 978-3-031-14666-4    ISBN 978-3-031-14667-1 (eBook)

https://doi.org/10.1007/978-3-031-14667-1

© The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature
Switzerland AG 2022
This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether
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To the memory of former President Jerry
John Rawlings
(June 22, 1947–November 12, 2020)
And to all past and future political leaders
of Africa.
The Africa we want for the future generation
is in our collective hands as Africans.
Let us continue to demand effective/servant
leadership from our leaders and promote a
culture of accountability across the African
continent.
Preface

The opportunity to lead this book project on the leadership and legacy of former
President Jerry John Rawlings has not only been a great honor for me in many ways,
but working with my co-editor on the project has been one of the rewarding moments
in my professional career as an academic/scholar on African politics and the field of
African affairs. Like many of our contemporaries who had their formative education
on the continent of Africa in the late 1980s, 1990s, and the 2000s, my co-editor and
I also had our formative educational years on the continent during these periods
when Jerry Rawlings could not be avoided in our educational pathways. Jerry
Rawlings did not only dominate Ghana’s political landscape but his name was pop-
ular across the African continent by his long stay in power as a military leader
(1981–1993) and a democratically elected President of Ghana (1993–2001). For
some, Rawlings epitomizes the leadership traits and ideals of some of our transfor-
mational/nationalist African leaders such as Kwame Nkrumah, Jomo Kenyatta, and
Kenneth Kaunda, among many others, who not only fought for our freedom from
European colonial rule but were also outspoken about anti-imperialism and neoco-
lonialism in post-colonial Africa. These nationalist leaders promoted the ethos and
ideas of Pan-Africanism, African personality, and African unity. Jerry Rawlings also
promoted these ideas during his era.
Former President Rawlings was considered by most as a transformational leader,
and Ghana is today a shining example of stability, democracy, and development
because of the leading role he played in the country’s transition to democratic rule
in the early 1990s. Many of his admirers also share the view of how former President
Rawlings was a compassionate leader who devoted his life to improving the human
condition, especially the plight of ordinary people. He was a fearless, pragmatic,
and visionary leader with big ideas. It is also well-documented in the extant litera-
ture that the role and leadership of Jerry Rawlings concerning his pragmatic deci-
sion to accept and implement the external aid package that was negotiated in the
1980s were critically important in changing the direction of Ghana to growth/devel-
opment from a near economic collapse and social decay in the 1980s. While recog-
nizing the roles that have been played by previous political leaders of Ghana and
ordinary Ghanaians in the progress and development of the country since 1957,

vii
viii Preface

Ghana’s admiration today in the international community as one of Africa’s stable

and advancing democratic countries is partly due, as many have argued, to Jerry
Rawlings’ leadership. His post-presidency roles on the African continent with the
African Union (AU) on important issues of conflict resolution and peacebuilding
initiatives have also been widely applauded.
Yet, Jerry Rawlings has also been despised by some because of his authoritarian
style of leadership and human rights issues, especially during the military regime of
the AFRC and the PNDC eras. In sum, the name Jerry John Rawlings, or
J.J. Rawlings, as he was popularly known, like other political leaders of history,
tends to evoke mixed reactions and multifaceted views, opinions, and varied per-
spectives among scholars, public intellectuals, and ordinary Ghanaians and Africans.
His passing on November 12, 2020, not only shocked and saddened many Ghanaians,
Africans, and those in the African diaspora, but going through the process of think-
ing about J.J. Rawlings and the critical question of how his leadership and legacy
can be critically assessed/examined and how he can best be remembered, gave birth
to my idea to put this scholarly book together to honor his memory. Thanks to my
colleague, and co-editor, Dr. Sabella Ogbobode Abidde, who agreed to the idea of
us working together as co-editors on this important and timely book in a mutual
spirit of scholarly collaboration, Pan-Africanism, and African unity to honor late
former President Jerry Rawlings’ leadership and legacy.

Kent, OH, USA  Felix Kumah-Abiwu

Montgomery, AL, USA   Sabella Ogbobode Abidde
Fall 2022
Acknowledgment

The process of writing an important/timely book of this nature can be challenging,

but it can equally be rewarding when surrounded by loving family members, trusted
colleagues, and other great friends who provide constant support and encourage-
ment along the way.
We would like to express our profound thanks and appreciation to our immediate
family members for their extraordinary support and encouragement throughout the
process of working on this book.
To our colleagues and fellow scholars who have contributed to this edited vol-
ume, we say thank you for sharing your ideas and perspectives on Jerry Rawlings.
Special thanks to the anonymous reviewers of the proposal and the manuscript. Your
constructive comments and useful suggestions have enriched the book. Thank you!
Thanks to colleagues in our respective academic departments at Kent State
University and Alabama State University and other friends in the academy who
have continued to encourage us to keep the scholarly agenda on political leadership
in Africa and other critical issues on African affairs moving forward for a better
future for the continent.
We also appreciate the professionals at Springer Publishing for all their support.
To you, Lorraine Klimowich, for your extraordinary guidance and professionalism
throughout the process. Thanks to you, Mahalakshmi Saravanan, and the rest of the
team for your excellent work.
And thanks to you, the reader of this important book on the leadership and legacy
of Jerry John Rawlings. We hope that your knowledge and understanding of his
leadership and legacy in terms of his achievements and limitations as a political
leader will inspire and challenge us to create a brighter pathway for Africa’s effec-
tive leadership, peace, security, democracy, and overall development.

ix
Introduction

The literature on African politics and the broader field of African affairs has for
several decades underscored the importance of effective political leadership to
Africa’s peace, stability, and development. In other words, weak, corrupt, vision-
less, and ineffective political leadership as well as fragmented state institutions have
contributed largely to Africa’s current challenges. While the African continent con-
tinues to suffer from these challenging issues, especially with poor leadership,
Africa has also been blessed with transformational political leaders such as late
former President Jerry John Rawlings of Ghana among other extraordinary leaders
in the post-colonial era. To enhance our knowledge and understanding of former
President Jerry Rawlings’ political leadership and legacy as one of Africa’s transfor-
mational leaders, the idea emerged to produce this edited volume titled, Jerry John
Rawlings-Leadership and Legacy: A Pan-African Perspective.
The main thesis of the book focuses on the centrality of political leadership and
strong democratic institutions as important elements for Africa’s quest for develop-
ment with a focus on Jerry Rawlings. The emphasis on Rawlings’ leadership and
legacy is meant to provide a context of how his political leadership was instrumental
in changing the direction of Ghana from a near economic collapse and social decay
in the 1980s to a country that has embraced political reforms in the 1990s. While
former President Rawlings has generally been described as one of Africa’s transfor-
mational/compassionate leaders who devoted his life to improving the human con-
dition, especially the plight of the ordinary people, he was also criticized by some
for his authoritarian style of leadership and human rights issues. The central pur-
pose of the book is threefold. First, it examines the role and place of good and effec-
tive political leadership in the development of Africa. Second, it seeks to situate
Jerry Rawlings’ political leadership and legacy in post-colonial Ghana and the rest
of Africa. Finally, the book seeks to enhance our knowledge and understanding of
Jerry Rawlings as one of Africa’s preeminent political leaders, although he has also
been vilified by some for his limitations.

xi
xii Introduction

To achieve the above objectives of the book, we have been successful in gather-
ing leading experts/scholars on African politics and the broader field of African
affairs who have contributed outstanding chapters on various aspects or perspec-
tives on the leadership and legacy of Jerry Rawlings. These perspectives cover the
political eras of Jerry Rawlings on critical issues of political leadership, Ghana’s
foreign economic relations, policy making/administration, heritage tourism, gender
and women issues, Pan-Africanism, and the African diaspora. By systematically
examining the different viewpoints of Rawlings’ leadership and legacy, we have
provided a balanced perspective in our efforts to better understand his leadership/
legacy and Ghana’s political landscape during his eras. The Pan-African perspective
of the book with regards to the contributors and their interdisciplinary fields of
expertise also makes the book unique, timely, and novel.
The book contains a total of 20 chapters from contributors with backgrounds and
expertise in various disciplines in the social sciences. Areas of their expertise range
from the fields of political science, foreign policy, public administration, policy
studies, economics, legal studies, anthropology, geography/urban studies, and soci-
ology. The book is divided into three main parts. Part I provides an overview of
governance and leadership in Africa, while Part II examines Ghana’s political land-
scape with a focus on the political eras of Jerry Rawlings. Part III explores Rawlings’
leadership and legacy from a Pan-African perspective.
Chapter 1, which is titled “Leadership-Institutions-Development Nexus in
Africa: A Jerry John Rawlings Perspective,” draws on the leadership-institutions-­
development nexus or framework to examine leadership and development in Africa
with a focus on Jerry Rawlings. Written by Eunice Annan-Aggrey, Senanu K. Kutor,
Elmond Bandauko, and Godwin Arku, the chapter argues that poor leadership and
weak institutions are still responsible for Africa’s development challenges.
Challenges such as poverty, inequalities, unemployment, conflicts, and poor public
service delivery are cases in point. With regards to Jerry Rawlings, the authors argue
that he has been hailed as one of Africa’s transformational leaders given the impor-
tance of his leadership in impacting state institutions and development in Ghana and
the rest of Africa.
Chapter 2, with the title, “Africa’s Nationalist and Transformational Leaders: A
Survey,” by Richmond Danso, looks at the life and politics of three African leaders-­
Kwame Nkrumah (Ghana), Jerry John Rawlings (Ghana), and Thomas Sankara
(Burkina Faso). The chapter argues that these leaders have not only left a lasting
footprint on the politics of their countries as well as the continent, but they also had
a huge impact on the political, economic, and social aspects of their respective
countries and the African continent. The chapter underscores the commonality of
the three leaders in their extraordinary impact and the way they have inspired each
other, especially Rawlings and Sankara. Thus, Jerry Rawlings drew inspiration from
Kwame Nkrumah’s political thought and ideas on Pan-Africanism, African unity,
and anti-imperialism, while Thomas Sankara was also inspired by Jerry Rawlings’
revolutionary ethos and ideas on anti-imperialism.
Introduction xiii

In Chap. 3, “One-Party and Military Dictatorship in Africa,” Samuel Kofi Darkwa

provides a compelling analysis or explanations for the emergence of one-party rule
and military regimes in post-colonial Africa. Describing these authoritarian govern-
ments as the “twin of African woes,” the chapter argues that the twin woes have
contributed adversely to the continent’s problems far more than any disaster the
continent had ever witnessed. The author is of the view that governance in Africa
has become a racketeering venture where political leaders assume and maintain
political power to benefit themselves and their collaborators with less concern for
the plight of the ordinary people. The author observes that Jerry Rawlings stood out
as one of the exceptions by carrying out a successful economic transformation of
Ghana and returning the country to a democratic rule, but his minuses appear to
overshadow his pluses.
Chapter 4 by Olusoji A. Odeyemi, titled “Kwame Nkrumah, Obafemi Awolowo,
and Jerry Rawlings: Continuity and Change in Political Leadership,” added to the
previous discussions on the challenges of Africa’s political leadership. The author
posits that Africa has had a mixture of tribulations and triumphs in its post-colonial
history and leadership. The author maintains that the absence of effective leadership
and good governance has continued to fuel instability and underdevelopment on the
continent. Amid these challenges, Kwame Nkrumah and Obafemi Awolowo were
transformational leaders because of their courage and commitment to addressing
the problems of Africa. Jerry Rawlings, the author argues, fits a similar category of
Africa’s transformational leaders because of the way he was decisive in his decision
that rescued Ghana from a near economic collapse in the 1980s.
In Chap. 5, titled “On the Question of Governance: Has Africa Seen the Last of
the Coup Years?”, Sabella Ogbobode Abidde examines the impact of military coups
on leadership and governance across Africa. The chapter begins by looking at coup
d’états and the question of whether Africa has seen the last of the coup years. The
chapter explores some of the fundamental factors that have contributed to coup
d’états and attempted coups in Africa since the independence era. While there have
been less than 20 successful coups from 2011 to 2022 given the acceptance of mul-
tiparty democracy by African states, the recent coups on the continent are raising
further concerns among scholars. At the same time, given the infrequency of coups
and the continuing acceptance of democratic rule, the author wonders if Africa has
indeed turned the corner to embrace multiparty and representative democracy.
Chapter 6 introduces the second part of the book authored by Kwame Badu
Antwi-Boasiako and Charles Fredrick Abel. In their chapter titled “Jerry Rawlings:
An Officer, a Statesman, and a Pan-Africanist,” the authors examine how Flight
Lieutenant Rawlings took up the leadership in Ghana in times of tumult, conflict,
and confusion. The chapter argues that Jerry Rawlings applied a model of governing
that was grounded in the insights of Machiavelli’s political thought, which main-
tains that in times of instability in a state, a strong leader is needed to save the
republic. The chapter concludes that Rawlings was not only a courageous military
officer but a statesman with a vision whose leadership spanned beyond Ghana as he
called for African unity, including those in the diaspora, which made him a
Pan-Africanist.
xiv Introduction

Michael Kpessa-Whyte’s Chap. 7, titled “Jerry John Rawlings and the Politics of
Risky Public Policy Decisions in Uncertain Times,” examines the lingering puzzle,
among others, about Jerry Rawlings as a military Head of State and later democrati-
cally elected civilian President of Ghana and his sudden foreign economic decision
to switch from socialist policies to neoliberal capitalism policies in the 1980s.
Drawing on prospects theory, the chapter offers fresh insights on Rawlings’ policy
shift from socialist policies to policies inspired by neo-liberal capitalism in the early
1980s. The chapter illustrates the central thesis of prospects theoretic decision anal-
ysis, which suggests that leaders opt for highly risky choices when faced with
threats to their survival, but are more cautious when confronting obvious gains.
In Chap. 8, “An Assessment of Social Development under Jerry John Rawlings,”
Emmanuel Adugu argues that Ghana’s implementation of the International Monetary
Fund and the World Bank–supported Economic Recovery Program (ERP) and
Structural Adjustment Programme (SAP) in the 1980s and 1990s under the govern-
ment of Jerry John Rawlings was successful in reversing Ghana’s protracted eco-
nomic decline with its associated dysfunctional effects on social development. The
chapter employs the Human Development Index and Gini Coefficient trends in
Ghana from 1990 to 2000 for the analyses. The chapter argues that the ERP and
SAP programs that were pursued by the Rawlings administration facilitated the
privatization of telecommunications services, which resulted in increased accessi-
bility to information and communication technologies to many Ghanaians through-
out the country. The author concludes by underscoring the argument that Rawlings
provided the political leadership that was needed for these socio-economic
achievements.
Chapter 9 by Rosina Foli, titled “Trajectories and Contrasts of Policymaking
under Jerry John Rawlings,” examines Ghana’s policy changes under the leadership
of Jerry Rawlings, who started his rule in 1981 as a military leader and metamor-
phosed into a civilian leader by 1993. Significant policy changes that have occurred
during the administration of Rawlings include the shift from a socialist-oriented
policy outlook at the beginning of his rule in 1981 to a market-oriented policy by
1983. The author argues that the economic recovery/structural adjustment programs
(ER/SAPs) that were adopted in 1983 continued into the Fourth Republic and
helped to deepen the interaction between Ghana and many global financial institu-
tions. Although the switch from military to constitutional rule was nudged by both
internal and external factors, the commitment of Rawlings to the process is applaud-
able. The chapter suggests that the ER/SAPs may have contributed to the transition
to constitutional rule. Besides the 1992 constitution, Rawlings, according to the
author, will also be remembered for instituting the local government system through
the PNDC Law 207 and his commitment to popular participation in governance.
In Chap. 10, “Trends in Ghana’s Public Administration under Jerry Rawlings,”
James Korku Agbodzakey looks at the trends in Ghana’s public administration
under Jerry Rawlings. The chapter focuses on four key areas: decentralization, civil
service reform, economic recovery program/structural adjustment program, and
nongovernmental sectors’ contributions in the social policy domain. The chapter
interrogates whether public administration in Ghana during the Rawlings era
Introduction xv

concentrated on building and increasing state capacities or measuring state outputs

and outcomes because of the various realities and initiatives for citizens’ benefit.
The chapter highlights some of the achievements of public service reforms that
were undertaken during the Rawlings era.
Chapter 11, “Gender Equality and Women Empowerment under the Jerry John
Rawlings Government (1981–2001),” which is authored by Maame Adwoa Gyekye-
Jandoh and Ivy-Chara Owusuaa Yeboah, highlights the trajectory of Ghana’s gender
equality and women’s empowerment experience under the leadership of Flight
Lieutenant Jerry Rawlings and his PNDC regime from 1981 to 1992 and later the
presidency of Jerry Rawlings and his National Democratic Congress (NDC) from
1993 to 2001. With data from secondary sources and a few expert interviews with
key persons in both the PNDC and NDC governments, this chapter presents an
analysis of the quest for gender equality and women empowerment in Ghana from
1981 to 2001 when Jerry John Rawlings served as Ghana’s head of state and a
democratically elected President.
Cindy Pressley Davis and Kwame Badu Antwi-Boasiako, in Chap. 12, “Nana
Konadu Agyeman-Rawlings and the 31st December Women’s Movement,” under-
score the empowerment of Ghanaian women through the lens of various women
organizations with a particular reference to Nana Konadu Agyeman-Rawlings and
the 31st December Women’s Movement (31st DWM). The chapter argues that Nana
Konadu Agyeman-Rawlings, the wife of Jerry John Rawlings, who ruled Ghana
from 1981 to 2001, had great support from Jerry Rawlings in building a strong
women’s movement that became a force to reckon with in women’s affairs in Ghana.
The authors argue that the initial momentum that welcomed the Movement in its
early days died when there was an impasse among the leadership of the Movement.
It was seen more as a political wing of the ruling party instead of a women’s non-­
governmental group for empowerment and development which further affected the
momentum of the Movement after Rawlings left power.
Chapter 13 by Felix Kumah-Abiwu, titled “Ghana’s Fourth Republic, Democratic
Governance, and Jerry Rawlings,” explores the evolution of Ghana’s Fourth
Republic and Jerry Rawlings’ role/legacy in the democratic process since 1992. The
chapter looks at Ghana’s state institutions and other democratic elements in terms
of their successes and challenges in the Fourth Republic. Democratic elements such
as the media, civil society groups, judiciary, political parties, and electoral justice
issues or post-election conflict resolution matters have been examined. While rec-
ognizing some of the flaws that have continued to face Ghana’s democracy, the
chapter argues that former President Rawlings’ contributions to Ghana’s democracy
cannot be overlooked when examining the evolution and consolidation of the coun-
try’s Fourth Republic.
Chapter 14, “Jerry Rawlings’ Leadership, Media, Civil Society, Political Parties
and Ghana’s Democratic Consolidation Process,” by Peter Arthur, provides a good
transition for the discourse on Rawlings’ leadership in Ghana’s Fourth Republic.
The chapter observes that Ghana’s democracy has been a relatively stable one since
the country transitioned to democratic rule in 1992 under Jerry Rawlings with sev-
eral peaceful and competitive presidential and parliamentary elections as well as the
xvi Introduction

alternation in power between the two main political parties. Although remarkable,
the author argues that significant democratic challenges remain. Within the context
of these issues, the chapter draws on the theory of good governance and democratic
consolidation in examining how civil society organizations (CSOs), political par-
ties, and the media are influencing the governance and democratic process in Ghana.
Particularly, the chapter examines the strengths and weaknesses of political parties,
CSOs, and the media as agents of democratic consolidation. The debate on the lead-
ership and legacy of Jerry Rawlings, which has been perceived as playing an instru-
mental role in Ghana’s democratic transition by initiating political reforms in the
early1990s, has also been examined.
In Chap. 15, titled “Complexities of Ghana’s Foreign Policy under Jerry John
Rawlings (1981–2001),” Felix Kumah-Abiwu and Kwame Boafo-Arthur have
explored the complexities of Ghana’s foreign policy under Jerry John Rawlings.
While acknowledging the fact that Rawlings has been part of Ghana’s political land-
scape at three different times, the first being the short period of the Armed Forces
Revolutionary Council (AFRC) regime in 1979, the chapter focuses on his two lon-
ger eras. That is the PNDC era, which lasted from 1981 to 1993, where Rawlings
served as a military leader and Chairman of the PNDC, and the second major era
(1993–2001), where he served two terms as the democratically elected President of
Ghana’s Fourth Republic. To understand the trends and complexities of Ghana’s
foreign policy during the two eras, the chapter draws on the role approach or role
theory of foreign policymaking for the analyses of the chapter with emphasis on the
leadership and legacy of Jerry Rawlings and Ghana’s foreign policy making.
The third part of the book which focuses on the Pan-African perspective of Jerry
Rawlings starts with Chap. 16, titled “Post-Presidency of Jerry Rawlings and the
African Union.” Authored by Timothy Adivilah Balag’kutu, the chapter examines
the legacy of former President Jerry Rawlings’ relationship with the African Union
(AU) and his role as a continental statesman and a Pan-Africanist. Drawing on his
role as AU High Representative to AMISON in Somalia, the author applies Mazrui’s
dichotomous (national-continental) theory of Pan-African greatness to analyze how
Rawlings’ leadership/legacy reflects his commitment to Pan-Africanism. The chap-
ter argues that Rawlings’ militaristic arrival onto the Ghanaian national stage, his
ultra-disciplinarian military rule, and some of the excesses under his revolutionary
stewardship may have overshadowed his leadership and contribution to Ghana’s
development and history. However, for his influence and contribution to develop-
ment on the African continent and Pan-Africanism, Ex-President Rawlings com-
mands overwhelming respect and appeal across Africa.
Chapter 17, “Flight Lieutenant Jerry John Rawlings, Pan Africanism, Heritage
Tourism and Ghana’s Development,” which is authored by Rachel Ama Asaa
Engmann, provides a good insight into how Flight Lieutenant Rawlings employed
heritage tourism to advance the socio-economic development of Ghana. The chapter
observes that Rawlings attempted to reconcile the neoliberal economic demands of
the World Bank and IMF with his government’s socialist agenda, and one of his key
strategies was to employ heritage associated with Pan-Africanism, the transatlantic
slave trade, and slavery to attract foreign capital investment, uniting Ghanaians,
Introduction xvii

continental Africans, and African diasporans, through the development of heritage

tourism. Drawing on personal interviews conducted with late President Rawlings
for the study, the author adopts a chronological approach to addressing three objec-
tives. First, the chapter introduces the role of heritage and its relationship to nation-
building and nationalist agendas in postcolonial Ghana. Second, it describes
Rawlings’ innovative initiative that capitalized on the commodification of heri-
tage – more specifically, the coastal forts and castles associated with the transatlan-
tic slave trade – for African diasporic consumption. Third, it traces Rawlings’
legacies as each successive Ghanaian government has attempted to build upon its
heritage tourism initiatives to further heritage and development agendas.
Chapter 18, “A Comparative Analysis of Structural Adjustment Programs in
Ghana and Zambia: Policies and Performance” by Chali Nondo and Felix Kumah-­
Abiwu, provides readers with useful knowledge and information on the historical
and contemporary connections between Ghana and Zambia. The chapter traces the
IMF/World Bank’s inspired structural adjustment programs (SAP) that were imple-
mented in both countries in the early 1980s with explanations for the reforms and
their impact on both countries. The chapter engages in a comparative analysis of the
policy reforms in Ghana and Zambia during the 1980s and analyzes their relation to
economic growth and performance. In Ghana, the SAPs were adopted by late for-
mer President Rawlings, while in Zambia, it was implemented under the leadership
of former President Kenneth Kaunda. Both countries launched the SAPs in 1983.
The socio-economic impact on both countries in terms of economic variables such
as per capita GDP, trade openness (net FDI inflows), poverty, and income inequality
have been examined.
In Chap. 19, titled “Pan-African Women Empowerment: Forum for African
Women Educationalists (FAWE)-Ghana Chapter,” Peter Otiato Ojiambo, looks at
Rawlings’ leadership and legacy with respect to gender equality and empowerment,
especially in the field of education in Ghana and Africa. The chapter discusses the
role Rawlings’ leadership played in creating space for leading Ghanaian women
educators to champion gender equality and women empowerment through the
Forum for African Women Educationalists (FAWE). FAWE is the only Pan-African
non-governmental organization that has for the last three decades strived to promote
girls’ and women’s education in Africa. It strives to ensure that African girls receive
equal education which is vital for the economic, social, and political development
of the continent. The chapter examines the literature on girls/women education in
Ghana/Africa, what FAWE is, how the idea of FAWE came about, its creation, and
FAWE-Ghana Chapter’s work in advancing gender equality and empowerment dur-
ing the Rawlings era.
Finally, in Chap. 20, “Jerry Rawlings, Pan-Africanism, and the African Diaspora,”
Rodney Worrell takes readers into a deeper echelon of the African diaspora’s per-
spective on the leadership/legacy of Jerry Rawlings. The author notes that late for-
mer President Rawlings must be credited for re-establishing Ghana as the epicenter
of Pan-Africanism and for building a close bond with the African diaspora that
seemed to have been marginalized with the rise of continental Pan-Africanism. The
chapter examines the initiatives and policies pursued by President Rawlings which
xviii Introduction

promoted the bonds of Pan-Africanism between Africa and the diaspora. The chap-
ter provides readers with a working definition of the disputed concepts of Pan-­
Africanism and the diaspora. It discusses the period when Ghana was the hub of
Pan-Africanism under the leadership of Kwame Nkrumah. The author explains the
significance of Rawlings’ efforts in canonizing three giants of Pan-Africanism:
WEB Du Bois, George Padmore, and Kwame Nkrumah which further elevated
Ghana’s image/status as the “mecca” for the African living in the diaspora. Rawlings’
efforts in promoting Pan-African cultural festivals such as PANFEST, Emancipation
Day celebration in Ghana, heritage tourism, and dual citizenship for the diaspora
have been examined.
Endorsement

The edited volume on leadership and the legacy of Ghana’s Jerry J. Rawlings pro-
vides readers with empirically grounded analyses, and interpretively sophisticated
and cogent description of how and why leadership matters in the socio-economic
and political development of Africa. With an array of contributions by Africanist
scholars who have profound knowledge of Ghana’s pioneering role in Pan-
Africanism and the continent’s liberation, this book constitutes a welcome addition
to our understanding of African politics and the challenges of democratic consolida-
tion. The interdisciplinary and comparative approach makes this volume accessible,
and it will be of immense interest not only to scholars in the fields of African Studies,
democratization, governance, and political economy but also policy makers alike.
—Dauda Abubakar, Professor of Political Science & African Studies, University of
Michigan-Flint, USA

Except Kwame Nkrumah (first President), J.J. Rawlings has had tremendous impact
on modern-day Ghanaian living and work conditions. By ruling Ghana three sepa-
rate times, he assumed peculiar roles in Ghana’s history. Equally important, he led
and sustained one of Africa’s and indeed one of the world’s most neo-liberal econo-
mies through IMF-World Bank backing starting in the early 1980s. This book is the
first on the theme of the roles and legacy of Rawlings in the context of Africa’s
leadership and governance, using Pan-Africanist and interdisciplinary approaches.
Thus, the authors do not only situate Rawlings’ impact on Ghana but also in and
outside Ghana and the world. The Ghanaian, African, and world perspectives in this
book make it an important publication on Africa/global politics, governance, and
development.
—Kwamina Panford, Professor Emeritus, Africa/Global Political Economy,
Energy, Natural Resources, and Human Capital. Northeastern University, Boston,
USA, and UENR, Sunyani, Ghana
xx Endorsement

Whereas most studies focus on the role of institutions and how to reform them to
make the state work, the state in Africa has been shaped and remains an arena where
the political leadership and idiosyncratic characteristics of leaders nurture institu-
tional growth and nation building. This book’s incisive and elaborate focus on Jerry
Rawlings’ state-building efforts and intentional democratic leadership in Ghana
provides the needed insights for analyzing and modelling political leadership and
nation-building in Africa. It is highly recommended for politicians, academics and
consultants on African politics and governance.
—Gedion Onyango, Senior Lecturer, University of Nairobi, Kenya

From Chairman Rawlings to President Rawlings, many in Africa and across the
world were enthralled by his personality and leadership style. Beyond the display of
the pivotal issues that will continue to define his legacy, this intelligent volume of
carefully collected chapters vividly projects the man and his message. This repre-
sents an excellent guide.
—Richard Aidoo, Professor, Coastal Carolina University, USA
Contents

Part I Governance and Leadership in Africa

1 Leadership-Institutions-Development Nexus in Africa:
A Jerry John Rawlings Perspective��������������������������������������������������������    3
Eunice Annan-Aggrey, Senanu Kwasi Kutor, Elmond Bandauko,
and Godwin Arku
2 
Africa’s Nationalist and Transformational Leaders: A Survey ����������   21
Richmond Danso
3 
One-Party Rule and Military Dictatorship in Africa����������������������������   35
Samuel Kofi Darkwa
4 Kwame Nkrumah, Obafemi Awolowo, and Jerry Rawlings:
Continuity and Change of Political Leadership������������������������������������   49
Olusoji A. Odeyemi
5 On the Question of Governance: Has Africa Seen the Last
of the Coup Years? ����������������������������������������������������������������������������������   63
Sabella Ogbobode Abidde

Part II Jerry John Rawlings and Ghana’s Political Landscape

6 
Jerry Rawlings: An Officer, a Statesman, and a Pan-Africanist ��������   81
Kwame Badu Antwi-Boasiako and Charles Fredrick Abel
7 Jerry John Rawlings and the Politics of Risky Public Policy
Decisions in Uncertain Times������������������������������������������������������������������   99
Michael Kpessa-Whyte
8 An Assessment of Social Development
Under Jerry John Rawlings�������������������������������������������������������������������� 115
Emmanuel Adugu

xxi
xxii Contents

9 Trajectories and Contrasts of Policymaking

Under Jerry John Rawlings�������������������������������������������������������������������� 137
Rosina Foli
10 Trends in Ghana’s Public Administration
Under Jerry Rawlings������������������������������������������������������������������������������ 151
James Korku Agbodzakey
11 Gender Equality and Women Empowerment
Under the Jerry John Rawlings Government (1981–2001)������������������ 167
Maame Adwoa Gyekye-Jandoh and Ivy-Chara Owusuaa Yeboah
12 Nana Konadu Agyeman-Rawlings and the 31st December
Women’s Movement�������������������������������������������������������������������������������� 183
Cindy Pressley Davis and Kwame Badu Antwi-Boasiako
13 Ghana’s Fourth Republic, Democratic Governance,
and Jerry Rawlings���������������������������������������������������������������������������������� 197
Felix Kumah-Abiwu
14 Jerry Rawlings’ Leadership, Media, Civil Society, Political
Parties and Ghana’s Democratic Consolidation Process �������������������� 213
Peter Arthur
15 Complexities of Ghana’s Foreign Policy Under Jerry
John Rawlings (1981–2001)�������������������������������������������������������������������� 233
Felix Kumah-Abiwu and Kwame Boafo-Arthur

Part III A Pan-African Perspective of Jerry Rawlings

16 
Post-Presidency of Jerry Rawlings and the African Union������������������ 253
Timothy Adivilah Balag’kutu
17 Flight Lieutenant Jerry John Rawlings, Pan Africanism,
Heritage Tourism and Ghana’s Development �������������������������������������� 271
Rachel Ama Asaa Engmann
18 A Comparative Analysis of the Structural Adjustment
Programs in Ghana and Zambia: Policies and Performance�������������� 289
Chali Nondo and Felix Kumah-Abiwu
19 Pan-African Women Empowerment: Forum for African
Women Educationalists (FAWE)-Ghana Chapter�������������������������������� 311
Peter Otiato Ojiambo
20 
Jerry Rawlings, Pan-Africanism and the African Diaspora���������������� 327
Rodney Worrell

Index������������������������������������������������������������������������������������������������������������������ 345
Another random document with
no related content on Scribd:
The Project Gutenberg eBook of Jurgen and the
law
 This ebook is for the use of anyone anywhere in the United
States and most other parts of the world at no cost and with
almost no restrictions whatsoever. You may copy it, give it away
or re-use it under the terms of the Project Gutenberg License
included with this ebook or online at www.gutenberg.org. If you
are not located in the United States, you will have to check the
laws of the country where you are located before using this
eBook.

Title: Jurgen and the law

A statement, with exhibits, of the Court's opinion, and
the brief for the defendants on motion to direct an
acquittal

Editor: Guy Holt

Release date: August 24, 2023 [eBook #71475]

Language: English

Original publication: United States: Robert M. McBride &

Company, 1922

Credits: Charlene Taylor, Terry Jeffress and the Online

Distributed Proofreading Team at https://www.pgdp.net
(This file was produced from images generously made
available by The Internet Archive/American Libraries.)

*** START OF THE PROJECT GUTENBERG EBOOK JURGEN

AND THE LAW ***
Jurgen
and the
Law
This edition is limited to one thousand and
eighty numbered copies, of which one thousand
are for sale.

Copy Number 675

 JURGEN AND
THE LAW

A STATEMENT
With Exhibits, including the Court’s Opinion, and
the Brief for the Defendants on Motion to Direct
an Acquittal

EDITED BY

GUY HOLT

NEW YORK
ROBERT M. McBRIDE & COMPANY
1923
 Copyright, 1922, by
Robert M. McBride & Co.

Printed in the
United States of America

Published, January, 1923

JURGEN AND THE LAW
A STATEMENT
 A STATEMENT
If Mr. Cabell had not pre-empted the phrase, the words with which
he characterized the tale Jurgen might well be used as a title for an
account of the tale’s adventures with the law. Those adventures,
which the matter of this book commemorates no less effectively than
it helped to divert them from a less happy outcome, form indeed a
comedy of justice: a comedy which, perhaps, aroused more of
indignation than of mirth, and which, in its duration, somewhat
exceeded the time-limit that a canny dramatist allots himself, but
which ended appropriately on a note of justice, and thus showed
Mr. Cabell to be not only the maker of a happily descriptive phrase
but also somewhat of a prophet.
Well, the comedy of Jurgen’s suppression is ended. The book is
admitted once more to the freedom of the library, and the
pawnbroker is again at liberty to wander throughout the universe in
search of rationality and fair dealing. And in due course, time and the
wisdom of other generations will decide whether the pawnbroker, or
the book, or the adventures of either be in any way memorable.
Today, however, the vicissitudes of Jurgen are of indisputable
importance, if only because similar misfortunes may overtake yet
other publications. At the moment it appears that the position of
literature is less precarious than it has been in the recent past. For
the courts, of late, with gratifying accord have failed to detect
obscenity in a number of volumes at which professional
righteousness has taken offense, and there apparently is cause to
hope that legal precedent will dispel the obscurity which so long has
surrounded decency—within the meaning of the statute. Yet it is still
possible for an incorporated organization to waylay and imprison art:
to exercise by accusation a censorship which impermanence makes
no less dangerous. Until the difference between the liberty permitted
to art and the license forbidden to the vulgar be clearly defined, it
remains impossible for any artist to foreknow how fully he may
describe and thereby interpret life as he sees it, or for the community
to enjoy uninterrupted access to much of the best of ancient and
modern literature.
In the pages which follow is printed an argument that expressly
defines the test whereby that which is legally permissible and that
which is prohibited may be determined. It is, explicitly, an argument
in behalf of Jurgen, submitted at the trial of the publishers of that
book: and it is published in book form, in part because of its intrinsic
interest to all readers of Cabell, in part because it is a valuable
addition to the literature of censorship. But here there seems need to
preface the argument with a brief history of the Jurgen case.

II
It is now a trifle less than three years ago that a Mr. Walter J.
Kingsley, a theatrical press agent, sent to the literary editor of a New
York newspaper a letter[1] directing attention to James Branch
Cabell’s Jurgen as a source of lewd pleasure to the sophisticated
and of menace to the moral welfare of Broadway. Hitherto Jurgen
had found some favor with a few thousands of discriminating
readers; it had been advertised—with, its publishers must now admit,
a disregard of the value of all pornographic appeal—as literature.
Critics, with varying degrees of enthusiasm, had applauded the book
as a distinguished addition to American letters; three editions had
been printed and the tale promised to enjoy the success to which its
wit, its beauty and the profundity of its theme entitled it. No one, until
Mr. Kingsley broke silence, had complained of Jurgen as an obscene
production; no letters of condemnation had been received by the
publishers; and the press had failed to suggest that decorum, much
less decency, had anywhere been violated.
Mr. Kingsley’s letter altered affairs. Immediately a chorus in
discussion of Jurgen arose. In the newspapers appeared many
letters, some in defense of the book, others crying Amen to
Mr. Kingsley. Within a week, the merry game of discovering the “key”
to Jurgen was well under way and a pleasant, rather heated
controversy had begun. In the upshot some one sent a clipping of
the Kingsley letter to Mr. John S. Sumner, secretary of the New York
Society for the Suppression of Vice, calling upon him to do his duty.
Mr. Sumner procured a copy of the book, and, on January 14th,
1920, armed with a warrant, he entered the offices of the publishers,
seized the plates and all copies of the book and summoned the
publishers to appear in court the following day on a charge of
violating section 1141 of the Penal code.[2]
Thereafter the record is uneventful. Mr. Sumner’s complaint[3] was
duly presented and the case was called for formal hearing in the
magistrate’s court on January 23. Upon that date the defendants
waived examination and the case was committed for trial in the Court
of Special Sessions. The trial was set for March 8, but upon motion
of Mr. John Quinn, then Counsel for the Defense, who appeared
before Justice Malone, the case was submitted for consideration to
the Grand Jury which found an indictment against the publishers[4]
thereby transferring the case to the Court of General Sessions and
enabling the defendants to secure a trial by jury. On May 17, 1920,
the publishers pleaded not guilty ... and, until October 16, 1922,
awaited trial.
For, in New York, a “crime wave” was in progress. The courts were
crowded with cases which involved other than a possible technical
violation of the laws; and, however anxious to rid the docket of the
Jurgen case, neither the courts nor the District Attorney’s office could
do other than give precedence to the trials of persons charged with
more serious offenses.
On October 16, then, two and one half years after the indictment,
the Jurgen case was called before Judge Charles C. Nott in the
Court of General Sessions. A jury was drawn, the book was
submitted in evidence and the people’s case was presented. The
defendants, through their attorneys, Messrs. Goodbody, Danforth
and Glenn, and their counsel, Mr. Garrard Glenn, moved for the
direction of a verdict of acquittal, submitting, in behalf of their motion,
the brief which is printed hereinafter. The trial was adjourned for
three days; and on October 19, 1922, Judge Nott rendered his
decision, which also appears hereinafter, and directed the jury to
bring in a verdict of acquittal.

III
There ends the record of the tale Jurgen’s adventures with the law.
The record is, as has been said, uneventful. A book had been
impugned, that is all. An author had been vilified and his publishers
indicted; certain thousands of readers had been deprived of access
to a book which critical opinion had commended to their interest; and
author and publishers both had been robbed of the revenues from
whatever sale the book might have had during the nearly three years
in which it was removed from publication.
True, Mr. Cabell and his book had received much publicity....
There is a legend, indeed, that the author of Jurgen (and of a dozen
other distinguished books) owes much of his present place in letters
to the advertising which Mr. Sumner involuntarily accorded him. But
one may question that. An examination of the publishers’ files seem
to show that most of the expressions of admiration for Jurgen were
repetitions of an enthusiasm expressed before the book’s
“suppression.” And if the enthusiasm and the sympathy of
Mr. Cabell’s admirers were hearteningly evident, the attacks of his
detractors did not flag; and an inestimable number of persons,
knowing Mr. Cabell’s work only through the recorded opinions of
Messrs. Kingsley and Sumner, did certainly condemn him unread
and, shuddering, barred their library doors against him.... No,
Mr. Cabell owes no debt of thanks to the accusers of Jurgen.
But all this is by the way. The argument, which appears in the
following pages, is of importance not alone because it so ably
defends Jurgen, but because it defines, more clearly than any other
recent document, the present legal status of literature in America in
relation to permissible candor in treatment and subject matter. The
brief is not in any sense an argument in behalf of unrestricted
publication of any matter, however obscene, or indeed in behalf of
the publication of obscenity in any form. It is not a denial of the
community’s right to protect itself from offenses against good taste or
against its moral security, or to punish violation of the laws by which
the public welfare is safe-guarded.
But one need not be an apologist of license to perceive that there
is in a thoughtful consideration of every aspect of life no kinship to
indecency; or to perceive that the community cannot, without serious
danger to its own cultural development, ignore the distinction
between the artist’s attempt to create beauty by means of the written
word, and the lewd and vulgar outpourings of the pornographer.
When these two things are confused by a semi-official organization
which is endowed with suppressive powers, even when the courts
fail to sustain its accusations, the menace to the community is
measurably increased. As a protection against this menace the brief
presents, with admirable clarity, a legal test, the validity of which
common sense will readily recognize, for the determination of
literature as distinct from obscenity.
Guy Holt.
New York City,
November 14, 1922.
BRIEF FOR THE DEFENDANTS ON
MOTION TO DIRECT AN
ACQUITTAL
 INDEX
PAGE
I. The question presented is one of law,
which the Court should decide 20
II. The test is the literary as distinct from the
pornographic 21
III. In applying this test, all reasonable doubt
should be resolved in favor of the book 30
IV. In judging the book by the standards
above indicated, it must be read as a
whole, and, on that basis, it must be
upheld even though it may contain
portions which would not stand the test if
isolated 31
V. The book, read as a whole, sustains the
test of the law 34
VI. The passages, to which reference has
been made in the complaint originally
filed in Special Sessions, are not
indecent 57
VII. In conclusion 68
 Court of General Sessions of the
Peace
IN AND FOR THE COUNTY OF NEW YORK.

People of the State of New

York

against

Guy Holt, Robert M. McBride

& Company and
Robert M. McBride

Brief for Defendants on Motion to Direct an

Acquittal.
The defendants have moved for a directed acquittal at the close of
the People’s case. The defendants did not dispute upon the trial the
facts which went to make up such case as the People had. That
case is that the defendants had in their possession, with intent to sell
(they are publishers) a book, “Jurgen”, by Mr. James Branch Cabell;
and it is contended that the book is lewd and obscene within Section
1141 of the Penal Law.
1—The Question presented is one of
law, which the Court should decide.
The rule here to be applied is that obtaining in all criminal cases. It
is the Court’s duty to direct an acquittal when the People’s case has
failed to show guilt beyond a reasonable doubt.
People v. Gluck (188 N. Y. 167);
People v. Smith (84 Misc. 348);
Babcock v. People (15 Hun 347).
The indictment is for having in possession with intent to sell, a
book offending against Section 1141 of the Penal Law. Since the
defendants do not dispute the fact that they did have in their
possession the book with intent to sell it, the simple question is
whether this book violates the criminal law of this state as expressed
in the section of the Penal Law above noted.
While it is sometimes said that this question is one of fact, upon
which it is the function of a jury to pass, nevertheless it is clear that,
when the defendant raises the question whether the book, as a
matter of law, violates the statute, that question is one of law upon
which it is the duty of the court to pass.
People v. Brainard (192 App. Div. 816);
Halsey v. New York Society (234 N. Y. 1).
“It is true that whether the book offends against this
statute is ordinarily a question of fact for the jury in the
first place to determine. It is equally true that upon the
review of a conviction for having offended against this
provision, it is the duty of this court to examine the
publication and see whether the conviction can be
sustained under the facts proven. Upon an
examination of the book I am satisfied that neither
defendant has been guilty of the offense charged in the