Ubuntu And The Law

Author : Nyoko Muvangua
Publisher : Fordham Univ Press
ISBN 13 : 0823233820
Total Pages : 485 pages
Book Rating : 4.23/5 ( download)

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Download or read book UBuntu and the Law written by Nyoko Muvangua and published by Fordham Univ Press. This book was released on 2012 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together the uBuntu jurisprudence of South Africa, as well as the most cutting-edge critical essays about South African jurisprudence on uBuntu. Can indigenous values be rendered compatible with a modern legal system? This book raises some of the most pressing questions in cultural, political, and legal theory.

Author : Bennett Tom
Publisher : Juta Limited
ISBN 13 : 9781485126713
Total Pages : 226 pages
Book Rating : 4.11/5 ( download)

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Download or read book Ubuntu written by Bennett Tom and published by Juta Limited. This book was released on 2018-04-30 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ubuntu: An African Jurisprudence examines how and why South African courts and law-makers have been using the concept of ubuntu over the last thirty years, reflecting the views of judges and scholars, and above all proclaiming the importance of this new idea for South African legal thinking. Although ubuntu is the product of relations in and between the close-knit groups of a precolonial society, its basic aims - social harmony and caring for others - give it an inherently inclusive scope. This principle is therefore quite capable of embracing all those who constitute the heterogeneous populations of modern states. Included in this work are discussions of two traditional institutions that provide model settings for the realisation of ubuntu: imbizo, national gatherings consulted by traditional rulers to decide matters of general concern, and indaba, a typically African process of making decisions based on the consensus of the group. Courts and law-makers have used imbizo to give effect to the constitutional requirement of participatory democracy, and indaba to suggest an alternative method of decisionmaking to systems of majority voting. Ubuntu offers something extraordinarily valuable to South Africa and, in fact, to the wider world. Its emphasis on our responsibility for the welfare of our fellow beings acts as a timely antidote not only to the typically rationalist, disinterested system of justice in Western law, but also to the sense of anomie so prevalent in today's society.

Author : Drucilla Cornell
Publisher : Fordham Univ Press
ISBN 13 : 0823257606
Total Pages : 224 pages
Book Rating : 4.07/5 ( download)

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Download or read book Law and Revolution in South Africa written by Drucilla Cornell and published by Fordham Univ Press. This book was released on 2014-04-03 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relation between law and revolution is one of the most pressing questions of our time. As one country after another has faced the challenge that comes with the revolutionary overthrow of past dictatorships, how one reconstructs a new government is a burning issue. South Africa, after a long and bloody armed struggle and a series of militant uprisings, negotiated a settlement for a new government and remains an important example of what a substantive revolution might look like. The essays collected in this book address both the broader question of law and revolution and some of the specific issues of transformation in South Africa.

Author : Ndjodi Ndeunyema
Publisher : Pretoria University Law Press
ISBN 13 :
Total Pages : 291 pages
Book Rating : 4./5 ( download)

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Download or read book Re-invigorating ubuntu through water: A human right to water under the Namibian Constitution written by Ndjodi Ndeunyema and published by Pretoria University Law Press. This book was released on 2021-10-01 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues for the existence of a court enforceable human right to water that is implied from the right to life in Article 6 of the Namibian Constitution. The book builds this argument by using tools of constitutional interpretation and with the aid of comparative materials. As such, the African value of ubuntu is invoked. Ubuntu – which is legally developed through its four key principles of community, interdependence, dignity and solidarity – is anchored in a novel approach to Namibian constitutional interpretation that is conceptualised as ‘re-invigorative constitutionalism’. The book advances the ‘AQuA’ (adequacy – quality – accessibility) content of water and articulates the correlative duties within the context of the respect – protect – fulfil trilogy, which are duties imposed upon the Namibian state as the primary duty bearer for a right to water. These duties include irreducible essential content duties that are argued to be immediate when compared to general obligations. In giving substance to duties that flow from a right to water, international law interpretative resources are also relied upon, including General Comment No 15 by the United Nations Committee on Social, Economic and Cultural Rights, the African Commission’s Principles and Guidelines on Social and Economic Rights, and the World Health Organisation’s Drinking-water Quality Guidelines. Moreover, the book addresses various justiciability concerns that may arise, arguing that Namibian courts are institutionally competent and legitimate in enforcing right to water claims through the application of the bounded deliberation model. Additionally, because the Principles of State Policy in Article 95 of the Namibian Constitution are rendered court unenforceable by Article 101, the argument is made that this does not undermine the claim that a right to water, anchored in the right to life, can be enforced through the courts. - Dr Ndjodi Ndeunyema Modern Law Review Early Career Research Fellow, University of Oxford.

Author : Frank Diedrich
Publisher :
ISBN 13 : 9780702186172
Total Pages : 157 pages
Book Rating : 4.71/5 ( download)

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Download or read book Ubuntu, Good Faith and Equity written by Frank Diedrich and published by . This book was released on 2011 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Christian B. N. Gade
Publisher : Lexington Books
ISBN 13 : 1498512267
Total Pages : 121 pages
Book Rating : 4.68/5 ( download)

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Download or read book A Discourse on African Philosophy written by Christian B. N. Gade and published by Lexington Books. This book was released on 2017-04-18 with total page 121 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many have argued that ubuntu was a formative influence on the post-apartheid Truth and Reconciliation Commission (TRC), South Africa’s famous transitional justice mechanism. A Discourse on African Philosophy: A New Perspective on Ubuntu and Transitional Justice in South Africa challenges and contextualizes this view in a way that not only provides new findings and reflections on ubuntu and the TRC, but also contributes to the field of African philosophy. One of Christian B. N. Gade’s key findings, founded on qualitative interviews in South Africa, is that some former TRC commissioners and committee members question the importance of ubuntu in the TRC process. Another is that there are several differing and historically developing interpretations of ubuntu, some of which have evident political implications and reflect non-factual and creative uses of history. Thus ubuntu is not a shared cultural heritage, in the ethnophilosophical sense of a static property characterizing a group. In fact, throughout this book Gade argues that the ethnophilosophical approach to African philosophy as a static group property is highly problematic. Gade’s research presents an alternative collective discourse on African philosophy (“collective” in the sense that it does not focus on any single individual in particular) that takes differences, historical developments, and social contexts seriously. This book will be of interest to scholars in African philosophy, transitional justice, politics and cultural heritage, and law in South Africa.

Author : Jeanmarie Fenrich
Publisher : Cambridge University Press
ISBN 13 : 1139497820
Total Pages : 563 pages
Book Rating : 4.24/5 ( download)

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Download or read book The Future of African Customary Law written by Jeanmarie Fenrich and published by Cambridge University Press. This book was released on 2011-07-18 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. It considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form and status from legislation and common law.

Author : Ndjodi Ndeunyema
Publisher : New Generation Publishing
ISBN 13 : 9781803691480
Total Pages : 292 pages
Book Rating : 4.84/5 ( download)

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Download or read book Re-Invigorating Ubuntu Through Water: A Human Right to Water Under the Namibian Constitution written by Ndjodi Ndeunyema and published by New Generation Publishing. This book was released on 2021-11-05 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues for the existence of a court enforceable human right to water that is implied from the right to life in Article 6 of the Namibian Constitution. The book builds this argument by using tools of constitutional interpretation and with the aid of comparative materials. As such, the African value of ubuntu is invoked. Ubuntu - which is legally developed through its four key principles of community, interdependence, dignity and solidarity - is anchored in a novel approach to Namibian constitutional interpretation that is conceptualised as 're-invigorative constitutionalism'. The book advances the 'AQuA' (adequacy - quality - accessibility) content of water and articulates the correlative duties within the context of the respect - protect - fulfil trilogy, which are duties imposed upon the Namibian state as the primary duty bearer for a right to water. These duties include irreducible essential content duties that are argued to be immediate when compared to general obligations. In giving substance to duties that flow from a right to water, international law interpretative resources are also relied upon, including General Comment No 15 by the United Nations Committee on Social, Economic and Cultural Rights, the African Commission's Principles and Guidelines on Social and Economic Rights, and the World Health Organisation's Drinking-water Quality Guidelines. Moreover, the book addresses various justiciability concerns that may arise, arguing that Namibian courts are institutionally competent and legitimate in enforcing right to water claims through the application of the bounded deliberation model. Additionally, because the Principles of State Policy in Article 95 of the Namibian Constitution are rendered court unenforceable by Article 101, the argument is made that this does not undermine the claim that a right to water, anchored in the right to life, can be enforced through the courts. - Dr Ndjodi Ndeunyema Modern Law Review Early Career Research Fellow, University of Oxford.

Author : Mark S. Kende
Publisher : Cambridge University Press
ISBN 13 : 0521879043
Total Pages : 336 pages
Book Rating : 4.40/5 ( download)

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Download or read book Constitutional Rights in Two Worlds written by Mark S. Kende and published by Cambridge University Press. This book was released on 2009-03-02 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the South African Constitutional Court to determine how it has functioned during the nation's transition.

Author : James Ogude
Publisher : Indiana University Press
ISBN 13 : 0253042127
Total Pages : 247 pages
Book Rating : 4.25/5 ( download)

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Download or read book Ubuntu and the Reconstitution of Community written by James Ogude and published by Indiana University Press. This book was released on 2019-05-16 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ubuntu is premised on the ethical belief that an individual's humanity is fostered in a network of human relationships: I am because you are; we are because you are. The essays in this lively volume elevate the debate about ubuntu beyond the buzzword it has become, especially within South African religious and political contexts. The seasoned scholars and younger voices gathered here grapple with a range of challenges that ubuntu puts forward. They break down its history and analyze its intellectual surroundings in African philosophical traditions, European modernism, religious contexts, and human rights discourses. The discussion embraces questions about what it means to be human and to be a part of a community, giving attention to moments of loss and fragmentation in postcolonial modernity, to come to a more meaningful definition of belonging in a globalizing world. Taken together, these essays offer a rich understanding of ubuntu in all of its complexity and reflect on a value system rooted in the everyday practices of ordinary people in their daily encounters with churches, schools, and other social institutions.