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Does gender make a difference to the way the judiciary works and should work? Or is gender-blindness a built-in prerequisite of judicial objectivity? If gender does make a difference, how might this be defined? These are the key questions posed in this collection of essays, by some 30 authors from the following countries; Argentina, Cambodia, Canada, England, France, Germany, India, Israel, Italy, Ivory Coast, Japan, Kenya, the Netherlands, the Philippines, South Africa, Switzerland, Syria and the United States. The contributions draw on various theoretical approaches, including gender, feminist and sociological theories. The book's pressing topicality is underlined by the fact that well int...
Using a wealth of court records, Colonizing Consent shows how rape cases were caught up in, and helped shape, the major political debates in colonial South Africa.
Using the phenomenon of public interest litigation (PIL) as the primary focus of analysis, this book explores the manner in which the judicial branch of government in the three East African states of Kenya, Tanzania and Uganda has engaged with questions traditionally off-limits to adjudication and court-based resolution. It is rooted in an incisive investigation of the history of politics and governance in the sub-region, accompanied by an extensive repertoire of judicial decisions. It also provides a critical and informative account of the manner in which courts of law have engaged with State power in a bid to alternatively deliver or subvert justice to the socially marginalized and the pol...
This pivotal Research Handbook analyses the interconnectedness of family property and the law through historical, contemporary, comparative and jurisdiction-specific lenses. Authors analyse some of the most well-known, contested and politicised legal developments in the field of family property law.
Explores the role of NGOs as mediators in crucial litigation cases on women's rights in South Africa.
The Kenya Gazette is an official publication of the government of the Republic of Kenya. It contains notices of new legislation, notices required to be published by law or policy as well as other announcements that are published for general public information. It is published every week, usually on Friday, with occasional releases of special or supplementary editions within the week.
"This book presents an invaluable collection of essays by eminent scholars from a wide variety of disciplines on the main issues currently confronting legal professions across the world. It does this through a comparative analysis of the data provided by the reports on 46 countries in its companion volume: Lawyers in 21st-Century Societies: Vol. 1: National Reports (Hart 2020). Together these volumes build on the seminal collection Lawyers in Society (Abel and Lewis 1988a; 1988b; 1989). The period since 1988 has seen an acceleration and intensification of the global socio-economic, cultural and political developments that in the 1980s were challenging traditional professional forms. Together...
Marital rape stands at the intersection of the socio-legal issues arising from both domestic violence and sexual assault. For centuries, women who suffered sexual assault perpetrated by their spouses had no legal recourse. A man's conjugal rights included his right to have sexual intercourse with his wife regardless of whether she consented. This right has been recognised in law, and still is in some jurisdictions today. This book emerges from the research undertaken by an innovative, multi-country, academic, collaborative project dedicated to comparatively analysing the legal treatment of sexual assault in intimate relationships, with a view to challenging the legal impunity for and inadequate legal responses to this form of gendered violence.
Women Judges in the Muslim World: A Comparative Study of Discourse and Practice offers a socio-legal account of public debates and judicial practices surrounding the performance of women as judges in eight Muslim-majority countries.
This book brings together twenty think-pieces on contemporary Human Rights issues at the international, regional and national level by one of Africa's foremost scholars of International Human Rights and Constitutional Law, J. Oloka-Onyango. Ranging from the 'Arab Spring' to the Right to Education, the collection is both an in-depth analysis of discrete topics as well as a critical reflection on the state of human rights around the world today. Taking up issues such as the African reaction to the International Criminal Court (ICC), the question of truth and reconciliation before the outbreak of post-election violence in Kenya and the links between globalization and racism, the book is a tour de force of issues that are both unique as well as pertinent to human rights struggles around the world.