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

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

The booklet is a suite of essays, which objective to situate African felony thought within the context of the myriad of latest worldwide demanding situations; from the superiority of battle to the distress of poverty and ailment to the crises of our environment. except being difficulties that experience an indelible African mark on them, a standard subject matter that runs during the essays during this e-book is that African criminal idea has been excluded, under-explored or under-theorised within the look for recommendations to such modern difficulties. The essays make a modest try and opposite this development. The members examine and introduce readers to the major concerns, questions, recommendations, impulses and difficulties that underpin the belief of African felony concept. They define the capability provided via African criminal thought and open up its key ideas and impulses for serious scrutiny. this is often performed with a view to improve a greater realizing of the level to which African felony idea can give a contribution to discourses trying to handle a few of the demanding situations that confront African and non-African societies alike.

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I dare say, of course, it is. This is the case given the receivedness of ‘law’ or the ‘legal’ in Africa the space. The ‘African’ law school is at once Anglo-, Franco-, or Lusophone-based. 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.

I will discuss three examples to make the point: anti-witchcraft laws in Africa; anti-homosexuality laws in Africa; and ubuntu as a human rights norm. 15 16 Bhabha (1996, p. 58). Bhabha (1995). 2 On ‘African’ Legal Theory: A Possibility, an Impossibility or Mere Conundrum? 1 25 On Anti-witchcraft Laws Witchcraft, as a belief system, typically entails that a person has the power to inflict (usually) an injury through supernatural means. The belief in witchcraft is pervasive in Africa (for example Quarmyne 2011, p.

Mitchell. Artforum 33(7):80 Bhabha H (1996) Culture’s in-between. In: Hall S, Du Gay P (eds) Questions of cultural identity, Sage, London pp. 53–60 Bless H (2004) Social cognition: how individuals construct reality. Psychology Press, Hove Bourdieu P (1990) In other words: essays towards a reflexive sociology. Country Press, Cambridge Burr V (2003) Social constructionism. Routledge, London Byrne C (2011) Hunting the vulnerable: witchcraft and the law in Malawi. Available at www. com Accessed on 11 Feb 2013 Carmen R (1996) Autonomous development: humanizing the landscape: an excursion into radical thinking and practice.

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