Author: Kajit Bagu (John Paul)
Publisher: Routledge
ISBN: 0429536097
Category : Law
Languages : en
Pages : 233
Book Description
This book presents the case that liberal constitutionalism in the global South is a legacy of colonialism and is inappropriate as a means of securing effective peace in regions that have been subject to recurrent conflict. The work demonstrates the failure of liberal constitutionalism in guaranteeing peace in the postcolonial global South. It develops an alternative, more compelling constitutionalism for peacebuilding in conflicted regions. This is based on constitutionalism that recognises plurality as a major feature in the global South. Drawing on events in Nigeria, it develops a constitutional model, based on Cognitive Justice, which could deliver peace by addressing historic, conceptual, legal, institutional and structural issues that have created social inequality and injustice. The study also incorporates insights from the development of plurinational constitutions in South America. The book will be an invaluable resource for researchers, academics and policy-makers with an interest in constitutional legal theory, peacebuilding and postcolonial studies
Peacebuilding, Constitutionalism and the Global South
Author: Kajit Bagu (John Paul)
Publisher: Routledge
ISBN: 0429536097
Category : Law
Languages : en
Pages : 233
Book Description
This book presents the case that liberal constitutionalism in the global South is a legacy of colonialism and is inappropriate as a means of securing effective peace in regions that have been subject to recurrent conflict. The work demonstrates the failure of liberal constitutionalism in guaranteeing peace in the postcolonial global South. It develops an alternative, more compelling constitutionalism for peacebuilding in conflicted regions. This is based on constitutionalism that recognises plurality as a major feature in the global South. Drawing on events in Nigeria, it develops a constitutional model, based on Cognitive Justice, which could deliver peace by addressing historic, conceptual, legal, institutional and structural issues that have created social inequality and injustice. The study also incorporates insights from the development of plurinational constitutions in South America. The book will be an invaluable resource for researchers, academics and policy-makers with an interest in constitutional legal theory, peacebuilding and postcolonial studies
Publisher: Routledge
ISBN: 0429536097
Category : Law
Languages : en
Pages : 233
Book Description
This book presents the case that liberal constitutionalism in the global South is a legacy of colonialism and is inappropriate as a means of securing effective peace in regions that have been subject to recurrent conflict. The work demonstrates the failure of liberal constitutionalism in guaranteeing peace in the postcolonial global South. It develops an alternative, more compelling constitutionalism for peacebuilding in conflicted regions. This is based on constitutionalism that recognises plurality as a major feature in the global South. Drawing on events in Nigeria, it develops a constitutional model, based on Cognitive Justice, which could deliver peace by addressing historic, conceptual, legal, institutional and structural issues that have created social inequality and injustice. The study also incorporates insights from the development of plurinational constitutions in South America. The book will be an invaluable resource for researchers, academics and policy-makers with an interest in constitutional legal theory, peacebuilding and postcolonial studies
Constitutionalism of the Global South
Author: Daniel Bonilla Maldonado
Publisher: Cambridge University Press
ISBN: 1107067936
Category : Law
Languages : en
Pages : 421
Book Description
The Indian Supreme Court, the South African Constitutional Court and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa and Latin America, they are seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these courts are creating a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these Courts on three key topics: access to justice, cultural diversity and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the differences on how they interpret and solve key constitutional problems.
Publisher: Cambridge University Press
ISBN: 1107067936
Category : Law
Languages : en
Pages : 421
Book Description
The Indian Supreme Court, the South African Constitutional Court and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa and Latin America, they are seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these courts are creating a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these Courts on three key topics: access to justice, cultural diversity and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the differences on how they interpret and solve key constitutional problems.
The Palgrave Handbook of Criminology and the Global South
Author: Kerry Carrington
Publisher: Springer
ISBN: 3319650211
Category : Social Science
Languages : en
Pages : 1061
Book Description
The first comprehensive collection of its kind, this handbook addresses the problem of knowledge production in criminology, redressing the global imbalance with an original focus on the Global South. Issues of vital criminological research and policy significance abound in the Global South, with important implications for South/North relations as well as global security and justice. In a world of high speed communication technologies and fluid national borders, empire building has shifted from colonising territories to colonising knowledge. The authors of this volume question whose voices, experiences, and theories are reflected in the discipline, and argue that diversity of discourse is more important now than ever before. Approaching the subject from a range of historical, theoretical, and social perspectives, this collection promotes the Global South not only as a space for the production of knowledge, but crucially, as a source of innovative research and theory on crime and justice. Wide-ranging in scope and authoritative in theory, this study will appeal to scholars, activists, policy-makers, and students from a wide range of social science disciplines from both the Global North and South, including criminal justice, human rights, and penology.
Publisher: Springer
ISBN: 3319650211
Category : Social Science
Languages : en
Pages : 1061
Book Description
The first comprehensive collection of its kind, this handbook addresses the problem of knowledge production in criminology, redressing the global imbalance with an original focus on the Global South. Issues of vital criminological research and policy significance abound in the Global South, with important implications for South/North relations as well as global security and justice. In a world of high speed communication technologies and fluid national borders, empire building has shifted from colonising territories to colonising knowledge. The authors of this volume question whose voices, experiences, and theories are reflected in the discipline, and argue that diversity of discourse is more important now than ever before. Approaching the subject from a range of historical, theoretical, and social perspectives, this collection promotes the Global South not only as a space for the production of knowledge, but crucially, as a source of innovative research and theory on crime and justice. Wide-ranging in scope and authoritative in theory, this study will appeal to scholars, activists, policy-makers, and students from a wide range of social science disciplines from both the Global North and South, including criminal justice, human rights, and penology.
Peacebuilding, Power, and Politics in Africa
Author: Devon Curtis
Publisher: Ohio University Press
ISBN: 0821444328
Category : Political Science
Languages : en
Pages : 373
Book Description
Peacebuilding, Power, and Politics in Africa is a critical reflection on peacebuilding efforts in Africa. The authors expose the tensions and contradictions in different clusters of peacebuilding activities, including peace negotiations; statebuilding; security sector governance; and disarmament, demobilization, and reintegration. Essays also address the institutional framework for peacebuilding in Africa and the ideological underpinnings of key institutions, including the African Union, NEPAD, the African Development Bank, the Pan-African Ministers Conference for Public and Civil Service, the UN Peacebuilding Commission, the World Bank, and the International Criminal Court. The volume includes on-the-ground case study chapters on Sudan, the Great Lakes Region of Africa, Sierra Leone and Liberia, the Niger Delta, Southern Africa, and Somalia, analyzing how peacebuilding operates in particular African contexts. The authors adopt a variety of approaches, but they share a conviction that peacebuilding in Africa is not a script that is authored solely in Western capitals and in the corridors of the United Nations. Rather, the writers in this volume focus on the interaction between local and global ideas and practices in the reconstitution of authority and livelihoods after conflict. The book systematically showcases the tensions that occur within and between the many actors involved in the peacebuilding industry, as well as their intended beneficiaries. It looks at the multiple ways in which peacebuilding ideas and initiatives are reinforced, questioned, reappropriated, and redesigned by different African actors. A joint project between the Centre for Conflict Resolution in Cape Town, South Africa, and the Centre of African Studies at the University of Cambridge.
Publisher: Ohio University Press
ISBN: 0821444328
Category : Political Science
Languages : en
Pages : 373
Book Description
Peacebuilding, Power, and Politics in Africa is a critical reflection on peacebuilding efforts in Africa. The authors expose the tensions and contradictions in different clusters of peacebuilding activities, including peace negotiations; statebuilding; security sector governance; and disarmament, demobilization, and reintegration. Essays also address the institutional framework for peacebuilding in Africa and the ideological underpinnings of key institutions, including the African Union, NEPAD, the African Development Bank, the Pan-African Ministers Conference for Public and Civil Service, the UN Peacebuilding Commission, the World Bank, and the International Criminal Court. The volume includes on-the-ground case study chapters on Sudan, the Great Lakes Region of Africa, Sierra Leone and Liberia, the Niger Delta, Southern Africa, and Somalia, analyzing how peacebuilding operates in particular African contexts. The authors adopt a variety of approaches, but they share a conviction that peacebuilding in Africa is not a script that is authored solely in Western capitals and in the corridors of the United Nations. Rather, the writers in this volume focus on the interaction between local and global ideas and practices in the reconstitution of authority and livelihoods after conflict. The book systematically showcases the tensions that occur within and between the many actors involved in the peacebuilding industry, as well as their intended beneficiaries. It looks at the multiple ways in which peacebuilding ideas and initiatives are reinforced, questioned, reappropriated, and redesigned by different African actors. A joint project between the Centre for Conflict Resolution in Cape Town, South Africa, and the Centre of African Studies at the University of Cambridge.
Implementing Environmental Constitutionalism
Author: Erin Daly
Publisher: Cambridge University Press
ISBN: 1316730875
Category : Law
Languages : en
Pages : 254
Book Description
Constitutions can play a central role in responding to environmental challenges, such as pollution, biodiversity loss, lack of drinking water, and climate change. The vast majority of people on earth live under constitutional systems that protect the environment or recognize environmental rights. Such environmental constitutionalism, however, falls short without effective implementation by policymakers, advocates and jurists. Implementing Environmental Constitutionalism: Current Global Challenges explains and explores this 'implementation gap'. This collection is both broad and deep. While some of the essays analyze crosscutting themes, such as climate change and the need for rule of law that affect the implementation of environmental constitutionalism throughout the world, others delve deeply into geographically contextual experiences for lessons about how constitutional environmental law might be more effectively implemented. This volume informs global conversations about whether and how environmental constitutionalism can be made more effective to protect the natural environment.
Publisher: Cambridge University Press
ISBN: 1316730875
Category : Law
Languages : en
Pages : 254
Book Description
Constitutions can play a central role in responding to environmental challenges, such as pollution, biodiversity loss, lack of drinking water, and climate change. The vast majority of people on earth live under constitutional systems that protect the environment or recognize environmental rights. Such environmental constitutionalism, however, falls short without effective implementation by policymakers, advocates and jurists. Implementing Environmental Constitutionalism: Current Global Challenges explains and explores this 'implementation gap'. This collection is both broad and deep. While some of the essays analyze crosscutting themes, such as climate change and the need for rule of law that affect the implementation of environmental constitutionalism throughout the world, others delve deeply into geographically contextual experiences for lessons about how constitutional environmental law might be more effectively implemented. This volume informs global conversations about whether and how environmental constitutionalism can be made more effective to protect the natural environment.
Transitional Justice, Distributive Justice, and Transformative Constitutionalism
Author: David Bilchitz
Publisher: Oxford University Press
ISBN: 0192887629
Category : Law
Languages : en
Pages : 513
Book Description
This volume offers the first dedicated scholarly comparison of Colombia and South Africa in relation to the intersecting ideas of transitional justice, distributive justice, and transformative constitutionalism.
Publisher: Oxford University Press
ISBN: 0192887629
Category : Law
Languages : en
Pages : 513
Book Description
This volume offers the first dedicated scholarly comparison of Colombia and South Africa in relation to the intersecting ideas of transitional justice, distributive justice, and transformative constitutionalism.
The Hizmet Movement and Peacebuilding
Author: Mohammed Abu-Nimer
Publisher: Rowman & Littlefield
ISBN: 1498537529
Category : Political Science
Languages : en
Pages : 387
Book Description
The Hizmet Movement and Peacebuilding assesses the peacebuilding implications and societal impact of the Hizmet Movement, characterized as a pacifist and inclusive expression of Islam. With a range of both supporters and critics, the studies of the Hizmet Movement presented in these cases provide a counter to negative stereotypes with examples of positive educational institutions rooted in Islamic values. The book includes contributions from scholars and practitioners around the world that critically explore the intersection of the movement and peacebuilding in countries such as Northern Iraq, Nigeria, Ethiopia, Kazakhstan, Kyrgyzstan, Sri Lanka, and the Philippines.
Publisher: Rowman & Littlefield
ISBN: 1498537529
Category : Political Science
Languages : en
Pages : 387
Book Description
The Hizmet Movement and Peacebuilding assesses the peacebuilding implications and societal impact of the Hizmet Movement, characterized as a pacifist and inclusive expression of Islam. With a range of both supporters and critics, the studies of the Hizmet Movement presented in these cases provide a counter to negative stereotypes with examples of positive educational institutions rooted in Islamic values. The book includes contributions from scholars and practitioners around the world that critically explore the intersection of the movement and peacebuilding in countries such as Northern Iraq, Nigeria, Ethiopia, Kazakhstan, Kyrgyzstan, Sri Lanka, and the Philippines.
African Public Theology
Author: Sunday Bobai Agang
Publisher: Langham Publishing
ISBN: 1783688130
Category : Religion
Languages : en
Pages : 455
Book Description
Africa needs leaders and Christians from every walk of life to rediscover their identity and purpose in all spheres of society. African Public Theology sounds a clarion call to accomplish this vital task. God created all humans equally, intending for us to live in community and take responsibility for the world around us – a mandate we need to act on. Through faithful application of Scripture to contexts common in the continent today, contributors from across Africa join as one to present a vision for the Africa that God intended. No simplistic solutions are offered – instead African Public Theology challenges every reader to think through the application of biblical principles in their own community, place of work and sphere of influence. If we heed the principles and lessons that God’s word has for society, culture and public life, then countries across Africa can have hope of a future that is free from corruption and self-promotion and is instead characterized by collective stewardship and servant-hearted leadership.
Publisher: Langham Publishing
ISBN: 1783688130
Category : Religion
Languages : en
Pages : 455
Book Description
Africa needs leaders and Christians from every walk of life to rediscover their identity and purpose in all spheres of society. African Public Theology sounds a clarion call to accomplish this vital task. God created all humans equally, intending for us to live in community and take responsibility for the world around us – a mandate we need to act on. Through faithful application of Scripture to contexts common in the continent today, contributors from across Africa join as one to present a vision for the Africa that God intended. No simplistic solutions are offered – instead African Public Theology challenges every reader to think through the application of biblical principles in their own community, place of work and sphere of influence. If we heed the principles and lessons that God’s word has for society, culture and public life, then countries across Africa can have hope of a future that is free from corruption and self-promotion and is instead characterized by collective stewardship and servant-hearted leadership.
Handbook on Legal Cultures
Author: Sören Koch
Publisher: Springer Nature
ISBN: 3031277457
Category : Law
Languages : en
Pages : 1171
Book Description
Cooperation across borders requires both knowledge of and understanding of different cultures. This is especially true when it comes to the law. This handbook is the first to comprehensively present selected legal cultures based on a very specific set of structural elements which can be found in all such cultures. Legal cultures are a product of and impacted by certain fundamental and commonly shared ideas on and expectations of the law. In all modern societies these ideas are to a certain degree institutionalized or at least embedded in institutionalized practices. These practices determine the way lawyers are educated and apply the law, how they engage with the ongoing internationalization of law and what kind of values they adhere to. Looking at these elements separately enables the reader to identify similarities and differences and to explain them contextually. Understanding these general features of legal cultures can help avoid misunderstandings or misinterpretations of foreign law and its application. Accordingly, this handbook is a necessary starting point for all kinds of legal comparative studies conducted by academics, students, judges and other legal practitioners.
Publisher: Springer Nature
ISBN: 3031277457
Category : Law
Languages : en
Pages : 1171
Book Description
Cooperation across borders requires both knowledge of and understanding of different cultures. This is especially true when it comes to the law. This handbook is the first to comprehensively present selected legal cultures based on a very specific set of structural elements which can be found in all such cultures. Legal cultures are a product of and impacted by certain fundamental and commonly shared ideas on and expectations of the law. In all modern societies these ideas are to a certain degree institutionalized or at least embedded in institutionalized practices. These practices determine the way lawyers are educated and apply the law, how they engage with the ongoing internationalization of law and what kind of values they adhere to. Looking at these elements separately enables the reader to identify similarities and differences and to explain them contextually. Understanding these general features of legal cultures can help avoid misunderstandings or misinterpretations of foreign law and its application. Accordingly, this handbook is a necessary starting point for all kinds of legal comparative studies conducted by academics, students, judges and other legal practitioners.
Law in Transition
Author: Ruth Buchanan
Publisher: Bloomsbury Publishing
ISBN: 1782254137
Category : Law
Languages : en
Pages : 639
Book Description
Law has become the vehicle by which countries in the 'developing world', including post-conflict states or states undergoing constitutional transformation, must steer the course of social and economic, legal and political change. Legal mechanisms, in particular, the instruments as well as concepts of human rights, play an increasingly central role in the discourses and practices of both development and transitional justice. These developments can be seen as part of a tendency towards convergence within the wider set of discourses and practices in global governance. While this process of convergence of formerly distinct normative and conceptual fields of theory and practice has been both celebrated and critiqued at the level of theory, the present collection provides, through a series of studies drawn from a variety of contexts in which human rights advocacy and transitional justice initiatives are colliding with development projects, programmes and objectives, a more nuanced and critical account of contemporary developments. The book includes essays by many of the leading experts writing at the intersection of development, rights and transitional justice studies. Notwithstanding the theoretical and practical challenges presented by the complex interaction of these fields, the premise of the book is that it is only through engagement and dialogue among hitherto distinct fields of scholarship and practice that a better understanding of the institutional and normative issues arising in contemporary law and development and transitional justice contexts will be possible. The book is designed for research and teaching at both undergraduate and graduate levels. ENDORSEMENTS An extraordinary collection of essays that illuminate the nature of law in today's fragmented and uneven globalized world, by situating the stakes of law in the intersection between the fields of human rights, development and transitional justice. Unusual for its breadth and the quality of scholarly contributions from many who are top scholars in their fields, this volume is one of the first that attempts to weave the three specialized fields, and succeeds brilliantly. For anyone working in the fields of development studies, human rights or transitional justice, this volume is a wake-up call to abandon their preconceived ideas and frames and aim for a conceptual and programmatic restart. Professor Balakrishnan Rajagopal, Ford International Associate Professor of Law and Development, Massachusetts Institute of Technology This superb collection of essays explores the challenges, possibilities, and limits faced by scholars and practitioners seeking to imagine forms of law that can respond to social transformation. Drawing together cutting-edge work across the three dynamic fields of law and development, transitional justice, and international human rights law, this volume powerfully demonstrates that in light of the changes demanded of legal research, education, and practice in a globalizing world, all law is "law in transition". Anne Orford, Michael D Kirby Chair of International Law and Australian Research Council Future Fellow, University of Melbourne A terrific volume. Leading scholars of human rights, development policy, and transitional justice look back and into the future. What has worked? Where have these projects gone astray or conflicted with one another? Law will only contribute forcefully to justice, development and peaceful, sustainable change if the lessons learned here give rise to a new practical wisdom. We all hope law can do better – the essays collected here begin to show us how. David Kennedy, Manley O Hudson Professor of Law, Director, Institute for Global Law and Policy, Harvard Law School
Publisher: Bloomsbury Publishing
ISBN: 1782254137
Category : Law
Languages : en
Pages : 639
Book Description
Law has become the vehicle by which countries in the 'developing world', including post-conflict states or states undergoing constitutional transformation, must steer the course of social and economic, legal and political change. Legal mechanisms, in particular, the instruments as well as concepts of human rights, play an increasingly central role in the discourses and practices of both development and transitional justice. These developments can be seen as part of a tendency towards convergence within the wider set of discourses and practices in global governance. While this process of convergence of formerly distinct normative and conceptual fields of theory and practice has been both celebrated and critiqued at the level of theory, the present collection provides, through a series of studies drawn from a variety of contexts in which human rights advocacy and transitional justice initiatives are colliding with development projects, programmes and objectives, a more nuanced and critical account of contemporary developments. The book includes essays by many of the leading experts writing at the intersection of development, rights and transitional justice studies. Notwithstanding the theoretical and practical challenges presented by the complex interaction of these fields, the premise of the book is that it is only through engagement and dialogue among hitherto distinct fields of scholarship and practice that a better understanding of the institutional and normative issues arising in contemporary law and development and transitional justice contexts will be possible. The book is designed for research and teaching at both undergraduate and graduate levels. ENDORSEMENTS An extraordinary collection of essays that illuminate the nature of law in today's fragmented and uneven globalized world, by situating the stakes of law in the intersection between the fields of human rights, development and transitional justice. Unusual for its breadth and the quality of scholarly contributions from many who are top scholars in their fields, this volume is one of the first that attempts to weave the three specialized fields, and succeeds brilliantly. For anyone working in the fields of development studies, human rights or transitional justice, this volume is a wake-up call to abandon their preconceived ideas and frames and aim for a conceptual and programmatic restart. Professor Balakrishnan Rajagopal, Ford International Associate Professor of Law and Development, Massachusetts Institute of Technology This superb collection of essays explores the challenges, possibilities, and limits faced by scholars and practitioners seeking to imagine forms of law that can respond to social transformation. Drawing together cutting-edge work across the three dynamic fields of law and development, transitional justice, and international human rights law, this volume powerfully demonstrates that in light of the changes demanded of legal research, education, and practice in a globalizing world, all law is "law in transition". Anne Orford, Michael D Kirby Chair of International Law and Australian Research Council Future Fellow, University of Melbourne A terrific volume. Leading scholars of human rights, development policy, and transitional justice look back and into the future. What has worked? Where have these projects gone astray or conflicted with one another? Law will only contribute forcefully to justice, development and peaceful, sustainable change if the lessons learned here give rise to a new practical wisdom. We all hope law can do better – the essays collected here begin to show us how. David Kennedy, Manley O Hudson Professor of Law, Director, Institute for Global Law and Policy, Harvard Law School