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Human Rights from Community
Poverty, exclusion and lack of participation are symptomatic of state and market-based approaches to human rights. Oche Onazi uses Nigeria as a case study to show how the idea of community is a better alternative, capable of inspiring the poor and the vul
An African Path to Disability Justice
How should disability justice be conceptualised, not by orthodox human rights or capabilities approaches, but by a legal philosophy that mirrors an African relational community ideal? This book develops the first comprehensive answer to this question through the contemporary literature on African philosophy, which is relied upon to construct a legal philosophy of disability justice comprising of ethical ideals of community, human relationships and obligations. From these ideals, an African legal philosophy of disability justice is offered as a criterion for critically evaluating existing laws, legal and political institutions, as well as providing an ethical basis for creating new ones to en...
African Legal Theory and Contemporary Problems
The book is a collection of essays, which aim to situate African legal theory in the context of the myriad of contemporary global challenges; from the prevalence of war to the misery of poverty and disease to the crises of the environment. Apart from being problems that have an indelible African mark on them, a common theme that runs throughout the essays in this book is that African legal theory has been excluded, under-explored or under-theorised in the search for solutions to such contemporary problems. The essays make a modest attempt to reverse this trend. The contributors investigate and introduce readers to the key issues, questions, concepts, impulses and problems that underpin the idea of African legal theory. They outline the potential offered by African legal theory and open up its key concepts and impulses for critical scrutiny. This is done in order to develop a better understanding of the extent to which African legal theory can contribute to discourses seeking to address some of the challenges that confront African and non-African societies alike.
Intersectional Colonialities
This book provides a rich synthesis of empirical research and theoretical engagements with questions of disability across different practices of colonialism as historically defined – post/de/anti/settler colonialism. It synthesises, critiques, and expands the boundaries of existing disability research which has been undertaken within different colonial contexts through the rich examination of recent empirical work mapping across disability and its intersectional colonialities. Filling an existing gap within the international literature through embedding the importance of grounding these within scholarly debates of colonialism, it empirically demonstrates the significance of disability for the broader scholarly fields of postcolonial, decolonial, and intersectional theories. It will be of interest to all scholars and students of disability studies, sociology, critical studies, sociology of race and ethic relations, intersectionality, postcolonial and decolonial studies, and human geography.
Argument Types and Fallacies in Legal Argumentation
This book provides theoretical tools for evaluating the soundness of arguments in the context of legal argumentation. It deals with a number of general argument types and their particular use in legal argumentation. It provides detailed analyses of argument from authority, argument ad hominem, argument from ignorance, slippery slope argument and other general argument types. Each of these argument types can be used to construct arguments that are sound as well as arguments that are unsound. To evaluate an argument correctly one must be able to distinguish the sound instances of a certain argument type from its unsound instances. This book promotes the development of theoretical tools for this task.
The Anxiety of the Jurist
The contributions in this volume pay homage to Zenon Bańkowski, with a focus on problems concerning law’s normalization and the revitalizing force of anxiety. Ranging from political critique to methodological issues and from the role of human rights in development to the role of parables and analogy in legal reasoning, the contributions themselves are testament to the richness of Bańkowski’s scholarship, as well as to the applicability of his core ideas to a wide range of issues. Divided into five parts, the book focuses on the role and methods of the jurist; conceptions of legality and the experience of living under rules; jurisprudential issues affecting exchange and the market; and the burden and methods of legal judgement. It also includes Bańkowski’s 2011 valedictory lecture and a bibliography of his work. Comprising all original contributions, the contributors represent a balance of established, leading figures and younger, emerging scholars in the field of legal and social theory.
Environmental Technologies, Intellectual Property and Climate Change
Many disciplines are relevant to combating climate change. This challenging book draws together legal, regulatory, geographic, industrial and professional perspectives and explores the role of technologies in addressing climate change through mitigation, adaptation and information gathering. It explores some key issues. Is intellectual property part of the solution, an obstacle to change or peripheral? Are there more important questions? Do they receive the attention they deserve? And from whom? This innovative book will play an important role in stimulating holistic discussion and action on an issue of key importance to society. Environmental Technologies, Intellectual Property and Climate Change will appeal strongly to scholars researching IP and climate change, as well as to a range of professionals including venture capitalists, practising lawyers working in IP, environmental and corporate finance law, activists within both climate change and human rights, and policymakers.
Human Rights, Language and Law
The book comprises a selection of papers delivered at the 24th IVR World Congress, divided into four sections. The first, Human Rights and Justice in a Global Perspective, centres on the problems of the foundation of Human Rights and the legitimacy of Political Power. The second deals with Public Policy, Economics and Social Rights. In the section called Law, Language and Literature the focus is on the multiple ways in which Law can relate to language, discourses and literature. The fourth and final section analyses some of the recent Transformations in Legal Dogmatics and in Private Law. These topics are all of capital importance in contemporary societies, which reflect the complexity of pluralism and the increasing expansion and transformation of the law, which no longer seems to be comprehensible by a merely positivistic model of the "sources of law". In order to understand the nature of law and the requirements to interpret it as well as to adjust it to the needs of contemporary states and communities, a theorist or analyst needs to embark on an interdisciplinary approach, which can be found in all of the essays in this volume.
Sustainable Development, International Law, and a Turn to African Legal Cosmologies
This original book analyses and reimagines the concept of sustainable development in international law from a non-Western legal perspective. Built upon the intersection of law, politics, and history in the context of Africa, its peoples and their experiences, customary law and other legal cosmologies, this ground-breaking study applies a critical legal analysis to Africa's interaction with conceptualising and operationalising sustainable development. It proposes a turn to non-Western legal normativity as the foundational principle for reimagining sustainable development in international law. It highlights eco-legal philosophies and principles in remaking sustainable development where ecological integrity assumes a central focus in the reimagined conceptualisation and operationalisation of sustainable development. While this pioneering book highlights Africa as its analytical pivot, its arguments and proposals are useful beyond Africa. Connecting global discourses on nature, the environment, rights and development, Godwin Eli Kwadzo Dzah illuminates our current thinking on sustainable development in international law.
Exploring African approaches to international law: Essays in honour of Kéba Mbaye
It is unfortunate that the idea that Africa contributes to international law, and has always done so, remains (in 2022) largely a side note, an auxiliary approach, rather than something widely accepted and deeply entrenched. It is cause for pause that this is also true in Africa itself. Exploring African approaches to international law: Essays in honour of Kéba Mbaye is a volume of essays that aims to contribute to a larger effort of imagining what possible approaches to international law Africa has adopted in the decades since the 1960s. It also recognises the legacy of the great Senegalese jurist Kéba Mbaye. Edited by Frans Viljoen, Humphrey Sipalla and Foluso Adegalu, the volume is divi...
