Human Right Based Approach and Legal Pluralism in Africa PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Human Right Based Approach and Legal Pluralism in Africa PDF full book. Access full book title Human Right Based Approach and Legal Pluralism in Africa by . Download full books in PDF and EPUB format.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Author: Giselle Corradi
Publisher: Bloomsbury Publishing
ISBN: 1849467722
Category : Law
Languages : en
Pages : 267
Get Book Here
Book Description
This collection of essays interrogates how human rights law and practice acquire meaning in relation to legal pluralism, ie, the co-existence of more than one regulatory order in a same social field. As a social phenomenon, legal pluralism exists in all societies. As a legal construction, it is characteristic of particular regions, such as post-colonial contexts. Drawing on experiences from Latin America, Sub-Saharan Africa and Europe, the contributions in this volume analyse how different configurations of legal pluralism interplay with the legal and the social life of human rights. At the same time, they enquire into how human rights law and practice influence interactions that are subject to regulation by more than one normative regime. Aware of numerous misunderstandings and of the mutual suspicion that tends to exist between human rights scholars and anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between normative and empirical theory.
Author: Bill Derman
Publisher: BRILL
ISBN: 9004250131
Category : Social Science
Languages : en
Pages : 352
Get Book Here
Book Description
This book engages with contemporary African human rights struggles including land, property, gender equality and legal identity. Through ethnographic field studies it situates claims-making by groups and individuals that have been subject to injustices and abuses, often due to different forms of displacement, in specific geographical, historical and political contexts. Exploring local communities’ complexities and divided interests it addresses the ambiguities and tensions surrounding the processes whereby human rights have been incorporated into legislation, social and economic programs, legal advocacy, land reform, and humanitarian assistance. It shows how existing relations of inequality, domination and control are affected by the opportunities offered by emerging law and governance structures as a plurality of non-state actors enter what previously was considered the sole regulatory domain of the nation state.
Author:
Publisher: BRILL
ISBN: 9004696741
Category : Law
Languages : en
Pages : 514
Get Book Here
Book Description
This collection challenges the prevailing conflict of laws approach to the interaction of state and indigenous legal systems. It introduces adaptive legal pluralism as an alternative framework that emphasises dialogue and engagement between these legal systems. By exploring a dialogic approach to legal pluralism, the authors shed light on how it can effectively address the challenges stemming from the colonial imposition of industrial legal systems on Africa’s agrarian political economies.
Author: Dejo Olowu
Publisher: PULP
ISBN: 0981412467
Category : Africa south of Sahara
Languages : en
Pages : 333
Get Book Here
Book Description
An integrative rights-based approach to human development in Africaby Dejo Olowu2009ISBN: 978-0-9814124-6-7Pages: x 322Print version: AvailableElectronic version: Free PDF available.
Author: Susanna Wing
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
Human rights based approaches (HRBA) to development by scholars and practitioners alike have led to the expansion of laws protecting women's rights in Africa, particularly in the realm of family law. The paradox is that the increase in laws has not resulted in greater equality and justice for women. To be sure, the implementation of new laws will inevitably take time. There are two important consequences of HRBA in Africa: 1) a growing gap between law-in-the-books and law-in-practice and 2) a backlash, in some cases, against woman-friendly family laws. This paper explores challenges to access to justice for women in various African countries. It considers the context of legal hybridity in Africa and how this influences women's access to rights. It examines pathways to the protection of women's rights, including the Protocol to the African Charter for Human and People's Rights on the Rights of Women in Africa and programs that promote the training of paralegals as a method of increasing access to justice. The paper argues that “African” mechanisms such as the Protocol and paralegals are important elements to women achieving sustainable access to rights. Paralegals are an integral part of the justice chain. Their familiarity with community norms, as well as legal awareness, makes them crucial to bridging the gap between the law-in-the-books and law-in-practice. As legal reforms take place across Africa, paralegals, properly trained in the new laws, may offer the best opportunity for helping individuals access justice in ways that do not alienate them from their communities.
Author: Muna Ndulo
Publisher:
ISBN: 9781032080666
Category : Law
Languages : en
Pages : 618
Get Book Here
Book Description
"The Routledge Handbook of African Law provides a comprehensive, critical overview of the contemporary legal terrain in Africa. The international team of expert contributors adopt an analytical and comparative approach so that readers can see the nexus between different jurisdictions and different legal traditions across the continent. The volume is divided into five parts covering: Legal Pluralism and African Legal Systems, the State, Institutions, Constitutionalism, and Democratic Governance, Economic Development, Technology, Trade and Investment, Human Rights, Gender-Based Violence, and Access to Justice International Law, Institutions, and International Criminal Law Providing important insights into both the specific contexts of African legal systems and the ways in which these legal traditions intersect with the wider world, this handbook will be an essential resource for academics, researchers, lawyers, graduate and undergraduate students studying this ever-evolving field"--
Author: T. W. Bennett
Publisher:
ISBN:
Category : Black people
Languages : en
Pages : 272
Get Book Here
Book Description
Reprint of the 1995 edition with 1999 addendum.
Author: Fareda Banda
Publisher: Bloomsbury Publishing
ISBN: 1847311830
Category : Law
Languages : en
Pages : 454
Get Book Here
Book Description
Africa, with its mix of statute, custom and religion is at the centre of the debate about law and its impact on gender relations. This is because of the centrality of the gender question and its impact on the cultural relativism debate within human rights. It is therefore important to examine critically the role of law, broadly constructed, in African societies. The book focuses on women's experiences in the family. This is because the lives of women continue to be lived out largely in the private domain, where the right to privacy is used to conceal unequal treatment of women which is justified by invoking 'custom' and 'tradition'. The book shows how law and its interpretation is used to disenfranchise women, resulting in their being deprived of land and other property which they may have helped to accumulate. It also considers issues of violence within the home, reproductive rights and examines the issue of female genital cutting. The role of women in development is explored as is their participation in politics and the NGO sector. A major theme of the book is a consideration of the linkages of constitutional and international human rights norms with local values. This is done using feminist tools of analysis. The book considers the provisions of the Protocol to the African Charter on Human and People's Rights on the Rights of Women which was adopted by the African Union in July 2003.
Author: Paul Schiff Berman
Publisher: Cambridge University Press
ISBN: 1107376912
Category : Law
Languages : en
Pages : 357
Get Book Here
Book Description
We live in a world of legal pluralism, where a single act or actor is potentially regulated by multiple legal or quasi-legal regimes imposed by state, substate, transnational, supranational and nonstate communities. Navigating these spheres of complex overlapping legal authority is confusing and we cannot expect territorial borders to solve all these problems. At the same time, those hoping to create one universal set of legal rules are also likely to be disappointed by the sheer variety of human communities and interests. Instead, we need an alternative jurisprudence, one that seeks to create or preserve spaces for productive interaction among multiple, overlapping legal systems by developing procedural mechanisms, institutions and practices that aim to manage, without eliminating, the legal pluralism we see around us. Global Legal Pluralism provides a broad synthesis across a variety of legal doctrines and academic disciplines and offers a novel conceptualization of law and globalization.
