Normative Spaces And Legal Dynamics In Africa
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Normative Spaces And Legal Dynamics In Africa
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Author : Katrin Seidel
language : en
Publisher: Routledge
Release Date : 2020-06-09
Normative Spaces And Legal Dynamics In Africa written by Katrin Seidel and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-09 with Law categories.
African legal realities reflect an intertwining of transnational, regional, and local normative frameworks, institutions, and practices that challenge the idea of the sovereign territorial state. This book analyses the novel constellations of governance actors and conditions under which they interact and compete. The work follows a spatial approach as the emphasis on normative spaces opens avenues to better understand power relations, processes of institutionalization, and the production of legitimacy and normativities themselves. Selected case studies from thirteen African countries deliver new empirical data and grounded insights from, and into, particular normative spaces. The individual chapters explore the interrelationships between various normative orders, diverse actors, and their influences. The encounters between different normative understandings and actors open up space and multiple forums for negotiating values. The authors analyse how different doctrines, institutions, and practices are constructed, contested, negotiated, and adapted in translation processes and thereby continuously reshape Africa’s multidimensional normative spaces. The volume delivers nuanced views of jurisprudence in Africa and presents an excellent resource for scholars and students of anthropology, legal geography, legal studies, sociology, political sciences, international relations, African studies, and anyone wishing to gain a better understanding of how legal constellations are shaped by unreflected assumptions about the state and the rule of law.
Negotiating Norms
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Author : Ricarda Rösch
language : en
Publisher: Springer Nature
Release Date : 2023-12-12
Negotiating Norms written by Ricarda Rösch and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-12 with Law categories.
The book explores the right to free, prior and informed consent (FPIC) – a highly controversial right. It is mainly discussed in the context of large-scale business projects on Indigenous territories but also with respect to the creation of protected areas and communities’ traditional resource rights. From a legal anthropological perspective, it attempts to disentangle the various coexisting understandings of FPIC and provide an explanation for the multiplicity of FPIC norms or – to put it in other words – its fragmentation. It examines the right- or stakeholders of FPIC, the scope of the consent requirement, the respect for self-determined decision-making, and the right to FPIC of women in different sociolegal fields. Moreover, it explores the impact of power relations, strategic alliances, and discourses within these fields and shows that the emerging FPIC norms are the result of norm negotiation processes. The fields that are examined include transnational law – more specifically, human rights, environmental, and development law -, the Liberian post-conflict forest and land legislation, and Liberian community forests as fields in which FPIC is operationalized. Liberia is quite unique in this respect. It is not only one of the few countries in Africa recognizing FPIC but has also begun implementing it. The book shows that based on the logic of a sociolegal field, legal identities are discursively created and determine the meaning of FPIC. Moreover, different actors can resort to different legalities shaping the emerging FPIC norm.
Comparative Methods In Law Humanities And Social Sciences
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Author : Adams, Maurice
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-11-19
Comparative Methods In Law Humanities And Social Sciences written by Adams, Maurice and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-19 with Law categories.
This cutting-edge book facilitates debate amongst scholars in law, humanities and social sciences, where comparative methodology is far less well anchored in most areas compared to other research methods. It posits that these are disciplines in which comparative research is not simply a bonus, but is of the essence.
The Oxford Handbook Of Law And Anthropology
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Author : Marie-Claire Foblets
language : en
Publisher: Oxford University Press
Release Date : 2022-04-01
The Oxford Handbook Of Law And Anthropology written by Marie-Claire Foblets and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-01 with Law categories.
The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative ordering, social organization, and legal, political, and social identity. The need for such a comprehensive project has become even more pressing as lawyers and anthropologists work together in an ever-increasing number of areas, including immigration and asylum processes, international justice forums, cultural heritage certification and monitoring, and the writing of new national constitutions, among many others. The Handbook takes critical stock of these various points of intersection in order to identify and conceptualize the most promising areas of innovation and sociolegal relevance, as well as to acknowledge the points of tension, open questions, and areas for future development.
The Sentimental Court
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Author : Jonas Bens
language : en
Publisher: Cambridge University Press
Release Date : 2022-05-19
The Sentimental Court written by Jonas Bens and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-19 with Law categories.
Analyses how atmospheres and sentiments shape the workings of international criminal law in (post-)colonial Africa and beyond.
An Introduction To African Legal Philosophy
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Author : John Murungi
language : en
Publisher: Lexington Books
Release Date : 2013-04-11
An Introduction To African Legal Philosophy written by John Murungi and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-11 with Philosophy categories.
A book on legal philosophy, necessarily, focuses attention on law. In addition to this focus, An Introduction to an African Legal Philosophy focuses attention on philosophy. The link between law and philosophy is brought into relief, which is done through an African context. An attempt is made to spell out what is African about legal philosophy without being cut off of African legal philosophy from non-African legal philosophy. The book draws attention to the view that a basic component of African legal philosophy consists of an investigation of what it is to be an African, and because an African is a human being among other human beings, the investigation is about what it is to be a human being. Ubuntuism is an African-derived word that captures this mode of being human. Moreover, because human beings are cultural beings, African cultural context guides the investigation. Inescapably, it is claimed that, every legal philosophy is embedded in a culture. African legal philosophy is not an exception. It is deeply rooted in African culture –a culture that is today shaped, in part, by a European colonialist culture. One feature that will strike one as one reads the book is that the book approaches African legal philosophy as a means of decolonization of African culture. African legal philosophy can accomplish this intelligently and effectively if it is itself decolonized. In doing this it contrasts sharply with mainstream Western legal philosophy.
Real Governance And Practical Norms In Sub Saharan Africa
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Author : Tom De Herdt
language : en
Publisher: Routledge
Release Date : 2015-05-15
Real Governance And Practical Norms In Sub Saharan Africa written by Tom De Herdt and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-15 with Political Science categories.
Although international development discourse considers the state as a crucial development actor, there remains a significant discrepancy between the official norms of the state and public services and the actual practices of political elites and civil servants. This text interrogates the variety of ways in which state policies and legal norms have been translated into the set of practical norms which make up real governance in sub-Saharan Africa. It argues that the concept of practical norms is an appropriate tool for an ethnographic investigation of public bureaucracies, interactions between civil servants and users, and the daily functioning of the state in Africa. It demonstrates that practical norms are usually different from official norms, complementing, bypassing and even contradicting them. In addition, it explores the positive and negative effects of different aspects of this ‘real governance’. This text will be of key interest to academics, students and researchers in the fields of development, political science, anthropology and development studies, African studies, international comparative studies, implementation studies, and public policy.
States At Work
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Author : Thomas Bierschenk
language : en
Publisher: BRILL
Release Date : 2014-01-30
States At Work written by Thomas Bierschenk and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-30 with Social Science categories.
States at Work explores the mundane practices of state-making in Africa by focussing on the daily functioning of public services and the practices of civil servants.
Entangled Legalities Beyond The State
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Author : Nico Krisch
language : en
Publisher: Cambridge University Press
Release Date : 2021-11-11
Entangled Legalities Beyond The State written by Nico Krisch and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-11 with Law categories.
Shows that law it is often better understood as an entangled web rather than as a coherent, orderly system.
Model Law On Access To Information For Africa And Other Regional Instruments Soft Law And Human Rights In Africa
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Author : Ololade Shyllon
language : en
Publisher: Pretoria University Law Press
Release Date : 2018-01-01
Model Law On Access To Information For Africa And Other Regional Instruments Soft Law And Human Rights In Africa written by Ololade Shyllon and has been published by Pretoria University Law Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-01 with Law categories.
Model Law on Access to Information for Africa and other regional instruments: Soft law and human rights in Africa Edited by Ololade Shyllon 2018 ISBN: 978-1-920538-87-3 Pages: 255 Print version: Available Electronic version: Free PDF available About the publication The adoption in 2013 of the Model Law on Access to Information for Africa by the African Commission on Human and Peoples’ Rights is an important landmark in the increasing elaboration of human rights-related soft law standards in Africa. Although non-binding, the Model Law significantly influenced the access to information landscape on the continent. Since the adoption of the Model Law, the Commission adopted several General Comments. The AU similarly adopted Model Laws such as the African Union Model Law on Internally Displaced Persons in Addressing Internal Displacement in Africa. This collection of essays inquires into the role and impact of soft law standards within the African human rights system and the AU generally. It assesses the extent to which these standards induced compliance, and identifies factors that contribute to generating such compliance. This book is a collection of papers presented at a conference organised by the Centre for Human Rights, University of Pretoria, with the financial support of the government of Norway, through the Royal Norwegian Embassy in Pretoria. Following the conference, the papers were reviewed and reworked. Table of Contents Acknowledgments Preface Contributors Abbreviations and acronyms PART I: THE MODEL LAW AND ITS INFLUENCE ON ACCESS TO INFORMATION IN AFRICA Introduction Ololade Shyllon The impact of the Model Law on Access to Information for Africa Fola Adeleke Implementing a Model Law on Access to Information in Africa: Lessons from the Americas Marianna Belalba and Alan Sears The implementation of the constitutional right of access to information in Africa: Opportunities and challenges Ololade Shyllon PART II: COUNTRY STUDIES The Model Law on Access to Information for Africa and the struggle for the review and passage of the Ghanaian Right to Information Bill of 2013 Ugonna Ukaigwe The impact of the Model Law on Access to Information for Africa on Kenya’s Access to Information framework Anne Nderi The Sudanese Access to Information Act 2015: A step forward? Ali Abdelrahman Ali Compliance through decoration: Access to information in Zimbabwe Nhlanhla Ngwenya PART III: INFLUENCE OF SOFT LAW WITHIN THE AFRICAN HUMAN RIGHTS SYSTEM Soft law and legitimacy in the African Union: The case of the Pretoria Principles on Ending Mass Atrocities Pursuant to Article 4(h) of the AU Constitutive Act Busingye Kabumba The incorporation of the thematic resolutions of the African Commission into the domestic laws of African countries Japhet Biegon General Comment 1 of the African Commission of the African Commission on Human and Peoples’ Rights: A source of norms and standard setting on sexual and reproductive health and rights Ebenezer Durojaye The African Union Model Law on Internally Displaced Persons: A critique Romola Adeola Selected bibliography