Ubuntu And The Law
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Ubuntu And The Law
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Author : Nyoko Muvangua
language : en
Publisher: Fordham Univ Press
Release Date : 2012
Ubuntu And The Law written by Nyoko Muvangua and has been published by Fordham Univ Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with History categories.
This book brings together the uBuntu jurisprudence of South Africa, as well as the most cutting-edge critical essays about South African jurisprudence on uBuntu. Can indigenous values be rendered compatible with a modern legal system? This book raises some of the most pressing questions in cultural, political, and legal theory.
Law And Revolution In South Africa
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Author : Drucilla Cornell
language : en
Publisher: Fordham Univ Press
Release Date : 2014-04-03
Law And Revolution In South Africa written by Drucilla Cornell and has been published by Fordham Univ Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-03 with Law categories.
The relation between law and revolution is one of the most pressing questions of our time. As one country after another has faced the challenge that comes with the revolutionary overthrow of past dictatorships, how one reconstructs a new government is a burning issue. South Africa, after a long and bloody armed struggle and a series of militant uprisings, negotiated a settlement for a new government and remains an important example of what a substantive revolution might look like. The essays collected in this book address both the broader question of law and revolution and some of the specific issues of transformation in South Africa.
Ubuntu
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Author : Bennett Tom
language : en
Publisher: Juta Limited
Release Date : 2018-04-30
Ubuntu written by Bennett Tom and has been published by Juta Limited this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-30 with Law categories.
Ubuntu: An African Jurisprudence examines how and why South African courts and law-makers have been using the concept of ubuntu over the last thirty years, reflecting the views of judges and scholars, and above all proclaiming the importance of this new idea for South African legal thinking. Although ubuntu is the product of relations in and between the close-knit groups of a precolonial society, its basic aims - social harmony and caring for others - give it an inherently inclusive scope. This principle is therefore quite capable of embracing all those who constitute the heterogeneous populations of modern states. Included in this work are discussions of two traditional institutions that provide model settings for the realisation of ubuntu: imbizo, national gatherings consulted by traditional rulers to decide matters of general concern, and indaba, a typically African process of making decisions based on the consensus of the group. Courts and law-makers have used imbizo to give effect to the constitutional requirement of participatory democracy, and indaba to suggest an alternative method of decisionmaking to systems of majority voting. Ubuntu offers something extraordinarily valuable to South Africa and, in fact, to the wider world. Its emphasis on our responsibility for the welfare of our fellow beings acts as a timely antidote not only to the typically rationalist, disinterested system of justice in Western law, but also to the sense of anomie so prevalent in today's society.
Re Invigorating Ubuntu Through Water A Human Right To Water Under The Namibian Constitution
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Author : Ndjodi Ndeunyema
language : en
Publisher: Pretoria University Law Press
Release Date : 2021-10-01
Re Invigorating Ubuntu Through Water A Human Right To Water Under The Namibian Constitution written by Ndjodi Ndeunyema 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 2021-10-01 with Law categories.
This book argues for the existence of a court enforceable human right to water that is implied from the right to life in Article 6 of the Namibian Constitution. The book builds this argument by using tools of constitutional interpretation and with the aid of comparative materials. As such, the African value of ubuntu is invoked. Ubuntu – which is legally developed through its four key principles of community, interdependence, dignity and solidarity – is anchored in a novel approach to Namibian constitutional interpretation that is conceptualised as ‘re-invigorative constitutionalism’. The book advances the ‘AQuA’ (adequacy – quality – accessibility) content of water and articulates the correlative duties within the context of the respect – protect – fulfil trilogy, which are duties imposed upon the Namibian state as the primary duty bearer for a right to water. These duties include irreducible essential content duties that are argued to be immediate when compared to general obligations. In giving substance to duties that flow from a right to water, international law interpretative resources are also relied upon, including General Comment No 15 by the United Nations Committee on Social, Economic and Cultural Rights, the African Commission’s Principles and Guidelines on Social and Economic Rights, and the World Health Organisation’s Drinking-water Quality Guidelines. Moreover, the book addresses various justiciability concerns that may arise, arguing that Namibian courts are institutionally competent and legitimate in enforcing right to water claims through the application of the bounded deliberation model. Additionally, because the Principles of State Policy in Article 95 of the Namibian Constitution are rendered court unenforceable by Article 101, the argument is made that this does not undermine the claim that a right to water, anchored in the right to life, can be enforced through the courts. - Dr Ndjodi Ndeunyema Modern Law Review Early Career Research Fellow, University of Oxford.
Ubuntu Good Faith And Equity
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Author : Frank Diedrich
language : en
Publisher:
Release Date : 2011
Ubuntu Good Faith And Equity written by Frank Diedrich and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Comparative law categories.
Re Invigorating Ubuntu Through Water A Human Right To Water Under The Namibian Constitution
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Author : Ndjodi Ndeunyema
language : en
Publisher: New Generation Publishing
Release Date : 2021-11-05
Re Invigorating Ubuntu Through Water A Human Right To Water Under The Namibian Constitution written by Ndjodi Ndeunyema and has been published by New Generation Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-05 with Political Science categories.
This book argues for the existence of a court enforceable human right to water that is implied from the right to life in Article 6 of the Namibian Constitution. The book builds this argument by using tools of constitutional interpretation and with the aid of comparative materials. As such, the African value of ubuntu is invoked. Ubuntu - which is legally developed through its four key principles of community, interdependence, dignity and solidarity - is anchored in a novel approach to Namibian constitutional interpretation that is conceptualised as 're-invigorative constitutionalism'. The book advances the 'AQuA' (adequacy - quality - accessibility) content of water and articulates the correlative duties within the context of the respect - protect - fulfil trilogy, which are duties imposed upon the Namibian state as the primary duty bearer for a right to water. These duties include irreducible essential content duties that are argued to be immediate when compared to general obligations. In giving substance to duties that flow from a right to water, international law interpretative resources are also relied upon, including General Comment No 15 by the United Nations Committee on Social, Economic and Cultural Rights, the African Commission's Principles and Guidelines on Social and Economic Rights, and the World Health Organisation's Drinking-water Quality Guidelines. Moreover, the book addresses various justiciability concerns that may arise, arguing that Namibian courts are institutionally competent and legitimate in enforcing right to water claims through the application of the bounded deliberation model. Additionally, because the Principles of State Policy in Article 95 of the Namibian Constitution are rendered court unenforceable by Article 101, the argument is made that this does not undermine the claim that a right to water, anchored in the right to life, can be enforced through the courts. - Dr Ndjodi Ndeunyema Modern Law Review Early Career Research Fellow, University of Oxford.
Social And Legal Theory In The Age Of Decoloniality
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Author : Warikandwa, Tapiwa Victor
language : en
Publisher: Langaa RPCIG
Release Date : 2018-06-08
Social And Legal Theory In The Age Of Decoloniality written by Warikandwa, Tapiwa Victor and has been published by Langaa RPCIG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-08 with Law categories.
Right from the enslavement era through to the colonial and contemporary eras, Africans have been denied their human essence – portrayed as indistinct from animals or beasts for imperial burdens, Africans have been historically dispossessed and exploited. Postulating the theory of global jurisprudential apartheid, the book accounts for biases in various legal systems, norms, values and conventions that bind Africans while affording impunity to Western states. Drawing on contemporary notions of animism, transhumanism, posthumanism and science and technology studies, the book critically interrogates the possibility of a jurisprudence of anticipation which is attentive to the emergent New World Order that engineers ‘human beings to become nonhumans’ while ‘nonhumans become humans’. Connecting discourses on decoloniality with jurisprudence in the areas of family law, environment, indigenisation, property, migration, constitutionalism, employment and labour law, commercial law and Ubuntu, the book also juggles with emergent issues around Earth Jurisprudence, ecocentrism, wild law, rights of nature, Earth Court and Earth Tribunal. Arguing for decoloniality that attends to global jurisprudential apartheid., this tome is handy for legal scholars and practitioners, social scientists, civil society organisations, policy makers and researchers interested in transformation, decoloniality and Pan-Africanism.
Law And Sacrifice
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Author : Johan Van der Walt
language : en
Publisher: CRC Press
Release Date : 2014-06-11
Law And Sacrifice written by Johan Van der Walt and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-11 with Law categories.
In the wake of apartheid, Law and Sacrifice draws on the uniquely expansive protection of fundamental rights now entrenched in the South African Constitution to outline a new theory of law. The South African Constitution not only protects the rights of people against abuses of power by the state, but also against abuses of power by private legal subjects. Drawing upon the work of contemporary thinkers such as Martin Heidegger, Hannah Arendt, George Bataille, Jacques Derrida Emmanuel Levinas and Jean-Luc Nancy, the author elicits the radical democratic potential of this 'horizontal' notion of rights. Johan van der Walt argues that apartheid must be understood as more than a racist abuse of power, and here he articulates its 'sacrificial logic'. It is in going beyond this logic, he maintains, that the truly democratic potential of the South African Constitution can be understood: in a radical formal and substantive equality that offers the legal basis for rethinking a post-apartheid future. Combining a rigorous theoretical understanding with a subtle political engagement, Law and Sacrifice is a dazzling interrogation of the limits and possibilities of democratic pluralism. It will be of interest to political and legal theorists as well as to those who are concerned with South African law and politics.
Comparative Law
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Author : Sean Patrick Donlan
language : en
Publisher: Routledge
Release Date : 2019-12-06
Comparative Law written by Sean Patrick Donlan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-06 with Law categories.
This book discusses a number of important themes in comparative law: legal metaphors and methodology, the movements of legal ideas and institutions and the mixity they produce, and marriage, an area of law in which culture – or clashes of legal and public cultures – may be particularly evident. In a mix of methodological and empirical investigations divided by these themes, the work offers expanded analyses and a unique cross-section of materials that is on the cutting edge of comparative law scholarship. It presents an innovative approach to legal pluralism, the study of mixed jurisdictions, and language and the law, with the use of metaphors not as an illustration but as a core element of comparative methodology.
Equality And Non Discrimination In South Africa
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Author : Shadrack Gutto
language : en
Publisher: New Africa Books
Release Date : 2001
Equality And Non Discrimination In South Africa written by Shadrack Gutto and has been published by New Africa Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
This study explores and critiques law and law making in the nascent constitutional democracy in the new South Africa, with a focus on the complex roles of the executive, parliament, political parties, the media and civil society. The capacity and potential in the judiciary and the legal profession in promoting and protecting values and rights of equality and non-discrimination is examined. Substantive equality and non-discrimination law in theory and in practice is considered critically, from a broad historical and social context that highlights areas of race, gender, disability, harassment and hate speech, socio-economic rights, and legal services. International human rights law and comparative law aspects are skillfully interwoven in this pioneering scholarly work.