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

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

The booklet is a set of essays, which objective to situate African criminal thought within the context of the myriad of latest international demanding situations; from the superiority of struggle to the distress of poverty and disorder to the crises of our environment. except being difficulties that experience an indelible African mark on them, a standard subject that runs during the essays during this ebook is that African criminal conception has been excluded, under-explored or under-theorised within the look for suggestions to such modern difficulties. The essays make a modest try and opposite this development. The members examine and introduce readers to the foremost concerns, questions, options, impulses and difficulties that underpin the belief of African felony conception. They define the capability provided by means of African criminal concept and open up its key recommendations and impulses for severe scrutiny. this can be performed as a way to boost a greater figuring out of the level to which African felony concept can give a contribution to discourses looking to deal with the various demanding situations that confront African and non-African societies alike.

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The depiction of ubuntu as a philosophy of life stems from its full Nguni expression 17 Mokgoro (1998, p. 2). M. Silungwe umuntu ngumuntu ngabantu; which is literally translated as ‘a person is a person through others’ (Nkhata 2010, p. 34). Nkhata (2010, pp. 36–37) has argued that ubuntu as a philosophy of life must be understood as interdependence and not communalism or communitarianism. Ubuntu here is almost akin or in fact central to the state of human being-ness. The other case where ubuntu is conceptualized as a social value is understood as ‘group solidarity, conformity, compassion, respect, human dignity, humanistic orientation and collective unity’ (Mokgoro 1998, p.

Ahiauzu, for instance, acknowledges this dilemma that comes with mere de-Europeanization or de-Americanization among the authorship of African legal theory in the following manner, An obvious problem could however be that having been trained in the Western tradition of legal theory […] we are ill-equipped to tackle the project. Our thinking with relation to law is fundamentally Western and in order to successfully accomplish tasks in African legal theory we would have to, as it were ‘think outside the box’.

I simply point out that the global North-global South ‘cultural’ linkages underpinning the debate have made it the most polarized and emotive. In a number of English common law jurisdictions, the provisions in a criminal code that deal with ‘carnal knowledge against the order of nature’ or those on ‘gross indecency’ have been used against persons that engage in ‘homosexual’ practices. Indeed the provisions under these criminal codes were largely influenced by the morality of Victorian England and spread throughout the British Empire as part of the colonizing and civilizing project (see for example Read 1963).

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