Overview
- Proposes an African-inspired legal philosophy of disability justice
- Draws on a wide array of historic and contemporary multidisciplinary sources, including journal articles, laws, policy reports and theses
- Contributes to a more comprehensive understanding of African legal philosophy
Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice (IUSGENT, volume 78)
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Table of contents (7 chapters)
Keywords
- Disability Justice
- African Legal Theory or Legal Philosophy
- Disability Justice in Africa
- Human Rights and Disability Justice in Africa
- African Legal Theory of Disability Justice
- duty of community in disability justice
- duty of love in disability justice
- duty of compassion in disability justice
- contemporary disability justice discourse
- meaning of disability
- nature of obligations owed to disabled persons
- institutional response to disability justice
About this book
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 ensure that they are inclusive to people with disabilities. In taking an alternative perspective on the subject, the book outlines and emphasises the need for a new public culture of obligations owed to people with disabilities, highlighting both the prospects and difficulties of achieving the ideal of disability justice that continues to elude the lived experiences of millions of Africans today.
Oche Onazi's An African Path to Disability Justice is the first book-length exploration of disability in the light of African ethics, as contrasted with the human rights and capabilities frameworks. Of particular interest are Onazi's thoughtful reflections on how various conceptions of community salient in African moral philosophy––including group-based, reciprocal and relational––bear on what we owe to the disabled.
--Thaddeus Metz, Distinguished Professor, University of Johannesburg
Authors and Affiliations
About the author
Oche Onazi is a lecturer in law at the University of Southampton and an International Social Research Foundation Early Career Research Fellow. He holds degrees from the Universities of Edinburgh (Ph.D.), Warwick (LL.M.) and Jos (LL.B.) and is a qualified (but non-practicing) barrister and solicitor of the Supreme Court of Nigeria. Oche’s research interests cover areas of legal philosophy, law and development and human rights. He is the author of Human Rights from Community: A Rights-Based Approach to Development, published by Edinburgh University Press in June 2013 and editor of African Legal Theory and Contemporary Problems, published by Springer in 2014. He has also published articles in the journals Law and Critique; Law, Social Justice & Global Development; Global Jurist; and the International Journal of Law in Context.
Bibliographic Information
Book Title: An African Path to Disability Justice
Book Subtitle: Community, Relationships and Obligations
Authors: Oche Onazi
Series Title: Ius Gentium: Comparative Perspectives on Law and Justice
DOI: https://doi.org/10.1007/978-3-030-35850-1
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer Nature Switzerland AG 2020
Hardcover ISBN: 978-3-030-35849-5Published: 07 February 2020
Softcover ISBN: 978-3-030-35852-5Published: 07 February 2021
eBook ISBN: 978-3-030-35850-1Published: 25 November 2019
Series ISSN: 1534-6781
Series E-ISSN: 2214-9902
Edition Number: 1
Number of Pages: XIX, 179
Topics: Private International Law, International & Foreign Law, Comparative Law , Philosophy of Law, Theories of Law, Philosophy of Law, Legal History, Social Justice, Equality and Human Rights