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 set of essays, which objective to situate African felony conception within the context of the myriad of latest worldwide demanding situations; from the superiority of conflict 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 idea has been excluded, under-explored or under-theorised within the look for options to such modern difficulties. The essays make a modest try to opposite this pattern. The members examine and introduce readers to the most important concerns, questions, strategies, impulses and difficulties that underpin the assumption of African criminal thought. They define the aptitude provided via African felony concept and open up its key innovations and impulses for serious scrutiny. this can be performed with the intention to enhance a greater realizing of the level to which African criminal conception can give a contribution to discourses trying to deal with many of the demanding situations that confront African and non-African societies alike.

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20 This impels us to appreciate the rich and multifarious significations and consequences of the interplay between identitarian struggles and the different legal manifestations unfolding in Africa at the time he was writing, which an analysis structured around the centre–periphery divide distorts, rather than imagining them as being locked into a single matrix of assimilation or rejection. The periodization followed in this article roughly spans two decades and cuts across different facets of African colonial and post-colonial history.

Perhaps the link between ubuntu and human dignity may also be discerned from the Kantian notion of dignity; a human being is not a means but an end in himself or herself (Kant in Kamchedzera and Banda 2009, p. 77). If ubuntu and Kantian dignity define human being-ness, it follows that the parallels are swiftly made at international law. Hence, ubuntu as a norm in human rights discourse represents an instance where an ‘African’ norm and a norm rooted in modernity are complementary. There is no transmogrification.

An approach to what may be called ‘African’ legal theory, jurisprudence or philosophy based on the idea of ‘culture’s in-between’ acknowledges two things: First, the convoluted socio-political environment of ‘law’ or the ‘legal’ in Africa (or in the African) which permeates into its theory, jurisprudence or philosophy. Second, the diversity of influence that underlies the ‘culture in-between’ thesis presents a window for the consideration of what is being termed ‘African’ in theory, jurisprudence or philosophy in confronting global phenomena.

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