Read e-book online African Legal Theory and Contemporary Problems: Critical PDF

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By Oche Onazi (auth.), Oche Onazi (eds.)

ISBN-10: 9400775369

ISBN-13: 9789400775367

ISBN-10: 9400775377

ISBN-13: 9789400775374

The publication is a suite of essays, which goal to situate African felony conception within the context of the myriad of up to date worldwide demanding situations; from the superiority of conflict to the distress of poverty and illness to the crises of our surroundings. except being difficulties that experience an indelible African mark on them, a typical subject matter that runs through the essays during this ebook is that African felony thought has been excluded, under-explored or under-theorised within the look for strategies to such modern difficulties. The essays make a modest try to opposite this pattern. The individuals examine and introduce readers to the foremost concerns, questions, strategies, impulses and difficulties that underpin the assumption of African criminal concept. They define the capability provided by way of African felony thought and open up its key innovations and impulses for severe scrutiny. this can be performed with the intention to improve a greater figuring out of the level to which African criminal thought can give a contribution to discourses trying to deal with the various demanding situations that confront African and non-African societies alike.

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S A J Hum Right 25:73 Mamdani M (1996) Citizen and subject: contemporary Africa and the legacy of late colonialism. Princeton University Press, Princeton, NJ Mokgoro JY (1998) Ubuntu and the law in South Africa. doc. Accessed on 11 Feb 2013 Mudimbe VY (2004) African identity and globalization. edu. Accessed on 11 Feb 2013 Nkhata MJ (2010) Rethinking governance and constitutionalism in Africa: the relevance and viability of social trust-based governance and constitutionalism in Malawi. Unpublished LLD thesis, University of Pretoria Okoth–Ogendo HWO (1989) Some issues of theory in the study of tenure relations in African agriculture.

2 On ‘African’ Legal Theory: A Possibility, an Impossibility or Mere Conundrum? 27 In Malawi, Section 20 of the Constitution provides, (1) Discrimination of persons in any form is prohibited and all persons are, under any law, guaranteed equal and effective protection against discrimination on grounds of race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, disability, property, birth or other status or condition. (2) Legislation may be passed addressing inequalities in society and prohibiting discriminatory practices and the propagation of such practices and may render such practices criminally punishable by the courts.

Elias, The Nature of African Customary Law (1956a), p. 275. 1954–1960) Elias’s initial legal interventions on the African scene coincided with the populist inquiry as to whether there was anything like African customary law – whether it was law at all or just a hotchpotch of desultory, discordant, and ever-changing customs. Understanding the challenges he was facing and the background theories against which he was writing is crucial to the hybridity of his narrative. Accordingly, I begin this part by sketching a very brief history of the evolution of African law and institutions arising from the colonial encounter and, particularly, of the role and place of customary law administered in British dependencies and, specifically, Nigeria, since this was the context most familiar to Elias and on which he wrote most extensively.

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African Legal Theory and Contemporary Problems: Critical Essays by Oche Onazi (auth.), Oche Onazi (eds.)

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