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The Law of Commoners and Kings is an engaging and entertaining account of some of the cases presided over in the former South African homeland, Transkei. The Magistrate has a deep insight into the grey areas of South African law brought about by the differences in African and Western conceptions of law.
The Law of Commoners and Kings is an engaging and entertaining account of some of the cases presided over in the former South African homeland, Transkei. The Magistrate has a deep insight into the grey areas of South African law brought about by the differences in African and Western conceptions of law.
A pioneering study that challenges the legal orthodoxy of sustainable development in international law from a non-Western perspective.
Ubuntu is an African philosophical tradition that embodies the ability of one human being to empathize with another. It is the quintessence of African humanism, communalism, and belonging. As the late Archbishop Desmond Tutu anticipated, Ubuntu resonated with the moral intuition of the majority of black South Africans in the 1990s. As a result, it became the foundational ethical basis for articulating a new post-apartheid era of reconciliation and forgiveness in the face of a history marked by brutal racial violence. Yet Ubuntu, as a philosophy or ethical practice which has arguably come to represent African humanism and communalism, has not been sufficiently assimilated into contemporary philosophical scholarship. This anthology weaves interdisciplinary perspectives into the discourse on African relational ethics in dialogue with Western normative ideals across a wide range of issues, including justice, sustainable development, musical culture, journalism, and peace. It explains the philosophy of Ubuntu to both African and non-African scholars. Comprehensively written, this book will appeal to a broad audience of academic and non-academic readers.
Recent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}
This edited collection illustrates contestations over land and political authority in South Africa’s rural areas, focusing on threats to popular rights and how they are being supported. Who controls the land and minerals in the former Bantustans of South Africa - chiefs, the state or landholders? Disputes are taking place around the ownership of resources, decisions about their exploitation and who should benefit. With respect to all of these issues, the courts have become increasingly important. The contributors to Land, Law and Chiefs in Rural South Africa capture some of these intense contestations over land, law and political authority, focussing on threats to the rights of ordinary pe...
African Customary Law in South Africa: Post-Apartheid and Living Law Perspectives provides a clear introduction to indigenous law in South Africa. The text provides a structure for understanding the nature and overarching system of customary law, illustrating its distinctness in relation to other areas of law, and exploring the dynamic precepts and values of living customary law. The text suggests an approach which supports harmonisation of customary law precepts and values with the common law and Western constitutional jurisprudence, and offers an authentic, culturally sensitive framework within which contentious issues might be resolved. The text is pedagogically designed to assist learnin...
Studying elites through the framework of accountability
La rencontre de l’État avec les univers juridiques autochtones ou coutumiers. Chacune des trois parties du livre est consacrée à un thème principal : le traitement des conflits, le territoire et la famille.