Ubuntu, Good Faith and Equity

Ubuntu, Good Faith and Equity PDF Author: Frank Diedrich
Publisher:
ISBN: 9780702186172
Category : Comparative law
Languages : en
Pages : 157

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Book Description

Ubuntu, Good Faith and Equity

Ubuntu, Good Faith and Equity PDF Author: Frank Diedrich
Publisher:
ISBN: 9780702186172
Category : Comparative law
Languages : en
Pages : 157

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Book Description


Comparative Law

Comparative Law PDF Author: Sean Patrick Donlan
Publisher: Routledge
ISBN: 0429751419
Category : Law
Languages : en
Pages : 135

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Book Description
This book discusses a number of important themes in comparative law: legal metaphors and methodology, the movements of legal ideas and institutions and the mixity they produce, and marriage, an area of law in which culture – or clashes of legal and public cultures – may be particularly evident. In a mix of methodological and empirical investigations divided by these themes, the work offers expanded analyses and a unique cross-section of materials that is on the cutting edge of comparative law scholarship. It presents an innovative approach to legal pluralism, the study of mixed jurisdictions, and language and the law, with the use of metaphors not as an illustration but as a core element of comparative methodology.

An Almanac of Contemporary and Continuum of Jurisprudential Restatements

An Almanac of Contemporary and Continuum of Jurisprudential Restatements PDF Author: 'lai Oshitokunbo Oshisanya
Publisher: Almanac Foundation
ISBN: 9789858140
Category : Law
Languages : en
Pages : 2492

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Book Description
A Compendium of Jurisprudential Annotations of Cases with Treaties, Statutes, Rules and Commentaries

Ubuntu

Ubuntu PDF Author: Bennett Tom
Publisher: Juta Limited
ISBN: 9781485126713
Category : Law
Languages : en
Pages : 226

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Book Description
Ubuntu: An African Jurisprudence examines how and why South African courts and law-makers have been using the concept of ubuntu over the last thirty years, reflecting the views of judges and scholars, and above all proclaiming the importance of this new idea for South African legal thinking. Although ubuntu is the product of relations in and between the close-knit groups of a precolonial society, its basic aims - social harmony and caring for others - give it an inherently inclusive scope. This principle is therefore quite capable of embracing all those who constitute the heterogeneous populations of modern states. Included in this work are discussions of two traditional institutions that provide model settings for the realisation of ubuntu: imbizo, national gatherings consulted by traditional rulers to decide matters of general concern, and indaba, a typically African process of making decisions based on the consensus of the group. Courts and law-makers have used imbizo to give effect to the constitutional requirement of participatory democracy, and indaba to suggest an alternative method of decisionmaking to systems of majority voting. Ubuntu offers something extraordinarily valuable to South Africa and, in fact, to the wider world. Its emphasis on our responsibility for the welfare of our fellow beings acts as a timely antidote not only to the typically rationalist, disinterested system of justice in Western law, but also to the sense of anomie so prevalent in today's society.

UBuntu and the Law

UBuntu and the Law PDF Author: Nyoko Muvangua
Publisher: Fordham Univ Press
ISBN: 0823233820
Category : History
Languages : en
Pages : 485

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Book Description
This book brings together the uBuntu jurisprudence of South Africa, as well as the most cutting-edge critical essays about South African jurisprudence on uBuntu. Can indigenous values be rendered compatible with a modern legal system? This book raises some of the most pressing questions in cultural, political, and legal theory.

Comparative Contract Law

Comparative Contract Law PDF Author: Pier Giuseppe Monateri
Publisher: Edward Elgar Publishing
ISBN: 1785369172
Category : Law
Languages : en
Pages : 576

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Book Description
This comprehensive Handbook offers a thoughtful survey of contract theories, issues and cases in order to reassess the field's present vision of contract law. It engages a critical search for the fault lines which cross traditions of thought and globalized landscapes. Comparative Contract Law is built around four main groups of insights, including: the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; and the concurring opinions expressed within the domain of other disciplines, such as literature and political theory. The chapters in the book tease out the tensions between a global context and local frameworks as well as the movable thresholds between canonical expressions and heterodox constructions.

African Metaphysics, Epistemology and a New Logic

African Metaphysics, Epistemology and a New Logic PDF Author: Jonathan O. Chimakonam
Publisher: Springer Nature
ISBN: 303072445X
Category : Philosophy
Languages : en
Pages : 226

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Book Description
This book focuses on African metaphysics and epistemology, and is an exercise in decoloniality. The authors describe their approach to "decoloniality" as an intellectual repudiation of coloniality, using the method of conversational thinking grounded in Ezumezu logic. Focusing specifically on both African metaphysics and African epistemology, the authors put forward theories formulated to stimulate fresh debates and extend the frontiers of learning in the field. They emphasize that this book is not a project in comparative philosophy, nor is it geared towards making Africa/ns the object/subjects of philosophy. Rather, the book highlights and discusses philosophical insights that have been produced from the African perspective, which the authors argue must be further developed in order to achieve decoloniality in the field of philosophy more broadly.

Constitutional Adjudication in Africa

Constitutional Adjudication in Africa PDF Author: Charles Manga Fombad
Publisher: Oxford University Press
ISBN: 0198810210
Category : Law
Languages : en
Pages : 417

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Book Description
Since the 1990 wave of constitutional reforms in Africa, the role of constitutional courts or courts exercising the power to interpret and apply constitutions have become a critical aspect to the on-going process of constitutional construction, reconstruction, and maintenance. These developments appear, at least from the texts of the revised or new constitutions, to have resulted in fundamental changes in the nature and role of courts exercising jurisdiction in constitutional matters. The chapters in this second volume of the Stellenbosch Handbooks in African Constitutional Law series are the first to undertake a critical and comparative examination of the interplay of the diverse forms of constitutional review models on the continent. Comparative analysis is particularly important given the fact that over the last two decades, constitutional courts in Africa have been asked to decide a litany of hotly-contested and often sensitive disputes of a social, political, and economic nature. As the list of areas in which these courts have intervened has grown, so too have their powers, actual or potential. By identifying and examining the different models of constitutional review adopted, these chapters consider the extent to which these courts are contributing to enhancing constitutionalism and respect for the rule of law on the continent. The chapters show how the long-standing negative image of African courts is slowly changing. The courts have in responded in different ways to the variety of constraints, incentives, and opportunities that have been provided by the constitutional reforms of the last two decades to act as the bulwark against authoritarianism, and this provides a rich field for analysis, filling an important gap in the literature of contemporary comparative constitutional adjudication.

I Am a Girl from Africa

I Am a Girl from Africa PDF Author: Elizabeth Nyamayaro
Publisher: Simon and Schuster
ISBN: 1982113022
Category : Biography & Autobiography
Languages : en
Pages : 288

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Book Description
"When severe draught hit her village in Zimbabwe, Elizabeth, then eight, had no idea that this moment of utter devastation would come to define her life purpose. Unable to move from hunger, she encountered a United Nations aid worker who gave her a bowl of warm porridge and saved her life. This transformative moment inspired Elizabeth to become a humanitarian, and she vowed to dedicate her life to giving back to her community, her continent, and the world. Grounded by the African concept of ubuntu--"I am because we are"--I Am a Girl from Africa charts Elizabeth's quest in pursuit of her dream from the small village of Goromonzi to Harare, London, New York, and beyond, where she eventually became a Senior Advisor at the United Nations and launched HeForShe, one of the world's largest global solidarity movements for gender equality. For over two decades, Elizabeth has been instrumental in creating change in communities all around the world; uplifting the lives of others, just as her life was once uplifted. The memoir brings to vivid life one extraordinary woman's story of persevering through incredible odds and finding her true calling--while delivering an important message of hope and empowerment in a time when we need it most"--

The Small-Scale Fisheries Guidelines

The Small-Scale Fisheries Guidelines PDF Author: Svein Jentoft
Publisher: Springer
ISBN: 3319550748
Category : Social Science
Languages : en
Pages : 858

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Book Description
In June 2014, FAO member-states endorsed the Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries (SSF Guidelines). These Guidelines are one of the most significant landmarks for small-scale fisheries around the world. They are comprehensive in terms of topics covered, and progressive, with their foundations based on human rights and other key principles. It can be anticipated that implementing the SSF Guidelines, whether at local, national, or regional levels, will be challenging. This book contains in-depth case studies where authors discuss the extent to which the Guidelines can help improve the realities of small-scale fishing men and women globally and make their livelihoods and communities more secure. This will require policy intervention and innovation, along with contributions of civil society organizations and academia. However, most of all it will necessitate the empowerment of fishing people so that they can become active participants in decision making on matters where their well-being and human rights are at stake. By endorsing the SSF Guidelines, states have committed themselves to support and facilitate this development. This book asks whether states can successfully “walk the talk,” and provides advice as to how they can do so. The collection of case studies sets the platform for an interactive dialogue space for researchers, policy makers, civil society and small-scale fishing communities to start the conversation about the monitoring and evaluation of the implementation of the SSF Guidelines at local, national, regional and global levels. An added value is that it helps add focus to our work as civil society activists involved in ensuring the application of the SSF Guidelines. Naseegh Jaffer – General Secretary, World Forum of Fisher People (WFFP) This collection offers many ways in which institutions enabling small-scale fisheries can protect and promote sustainability, food security, customary tenure, self-management, and market access, while fostering such benefits as ecosystem-based management, protected areas, incorporation of local knowledge, and poverty alleviation. You will want to put this book in the hands of policy-makers and practitioners immediately -- and for years to come. Evelyn Pinkerton – Professor, Simon Fraser University, Canada