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Law | African Legal Theory and Contemporary Problems

African Legal Theory and Contemporary Problems

Critical Essays

Onazi, Oche (Ed.)

2014, X, 293 p.

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  • Offers a much-needed resource for reflection on the nature and benefits of African legal theory
  • Points out the significance of African Legal Theory to the myriad of contemporary global challenges - war, poverty and the crises of the environment
  • Interdisciplinary focus covers contributions from law, philosophy, political philosophy, social philosophy, political science, social science
  • Unique combination of theoretical insights with a discussion of their potential relevance to practical legal, political, social, economic and cultural 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.

Content Level » Research

Keywords » African Ethic of Citizenship - African Legal Theory - African Philosophy - Contemporary African Societies - Decolonizing Legal Theory - Indigenous African Criminology - Recolonizing Legal Theory - Relevance of African Legal Theory - War, Famine, Hunger, Disease, Poverty and Injustice in Africa

Related subjects » Criminology & Criminal Justice - Development Economics - Education & Language - Law - Value Theory

Table of contents 

Acknowledgments.- List of Contributors.- Introduction; Oche Onazi.- Part I:  Law.- Chapter 1 On ‘African’ Legal Theory: A Possibility, An Impossibility or Mere Conundrum?; Chikosa Mozesi Silungwe.- Chapter 2 When British Justice (in African Colonies) Points Two Ways: On Dualism, Hybridity, and the Genealogy of Juridical Negritude in Taslim Olawale Elias; Mark Toufayan .- Chapter 3 Decoding Afrocentrism: Decolonizing Legal Theory; Dan Kuwali.- Chapter 4 Connecting African Jurisprudence to Universal Jurisprudence through a shared understanding of Contract; Dominic Burbidge.- Chapter The Legal Subject in Modern African Law: A Nigerian Report; Olúfémi Táíwó.- Part II: Rights.- Chapter 6 African Values, Human Rights and Group Rights: A Philosophical Foundation for the Banjul Charter; Thaddeus Metz.- Chapter 7 Before Rights and Responsibilities: An African Ethos of Citizenship; Oche Onazi.- Chapter 8 The Practice and the Promise of Making Rights Claims: Lessons from the South African Treatment Access Campaign; Karen Zivi.- Chapter 9 Unpacking the Universal: African Human Rights Philosophy in Chinua Achebe’s Things Fall Apart; Basil Ugochukwu.- Part III: Society.- Chapter 10 Legal Empowerment of the Poor:  Does Political Participation matter? Oche Onazi.- Chapter 11 The Humanist basis of African Communitarianism as viable third alternative theory of developmentalism; Adebisi Arewa.- 12 Crime Detection and the Psychic Witness in America: an Allegory for re-appraising Indigenous African Criminology; Babafemi Odunsi.- Index.

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