Read e-book online African Legal Theory and Contemporary Problems: Critical PDF

By Oche Onazi (auth.), Oche Onazi (eds.)

ISBN-10: 9400775369

ISBN-13: 9789400775367

ISBN-10: 9400775377

ISBN-13: 9789400775374

The booklet is a suite of essays, which objective to situate African felony conception within the context of the myriad of latest worldwide demanding situations; from the superiority of struggle to the distress of poverty and illness to the crises of our surroundings. except being difficulties that experience an indelible African mark on them, a typical subject matter that runs during the essays during this publication is that African felony idea has been excluded, under-explored or under-theorised within the look for suggestions to such modern difficulties. The essays make a modest try and opposite this development. The individuals examine and introduce readers to the major matters, questions, thoughts, impulses and difficulties that underpin the belief of African criminal concept. They define the capability provided through African felony thought and open up its key recommendations and impulses for severe scrutiny. this is often performed so that it will enhance a greater realizing of the level to which African criminal conception can give a contribution to discourses trying to tackle a few of the demanding situations that confront African and non-African societies alike.

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O. ), African Indigenous Laws (1975). 9 The best example remains Elias’s approximation of African customary law to customary international law, as both were ‘law’ although they did not share the criteria imposed by Western conceptions and theories of law and sovereignty. See T. O. Elias, ‘African Law’, in A. Larson and C. W. ), Sovereignty within the Law (1965), at 220, 222. Just as he dedicated his life to developing African customary law, he would spend many years in such august international institutions as the United Nations, the International Law Commission and the International Court of Justice to break the Manichaeism surrounding General Assembly resolutions and declarations and customary law as sources of law-making in the international community as a means to furthering Third World nations’ emancipatory projects.

This consciousness is understood as a vocabulary (or langue) within which its specific avatars in the form of positively enacted rules, or legal regimes (subsystems or structures or paroles) take hold along a wide spectrum of historical events. On ‘langue’ and ‘parole’, see D. Kennedy, ‘A Semiotics of Critique’, (2001) 22 Cardozo Law Review 1147, at 1175. On ‘subsystems’, see Kennedy, ‘Toward an Historical Understanding of Legal Consciousness’, supra. My integrative reading of the structure of legal discourse and elements in legal consciousness draws on D.

19 Belleau explains the methodological démarche undergirding her approach thus: ‘Strategic intersectionality consists in imagining strategies that take into account experiences rendered invisible when we consider separately feminism and political struggles of national and cultural identity. , at 181 (my translation). 20 This impels us to appreciate the rich and multifarious significations and consequences of the interplay between identitarian struggles and the different legal manifestations unfolding in Africa at the time he was writing, which an analysis structured around the centre–periphery divide distorts, rather than imagining them as being locked into a single matrix of assimilation or rejection.

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African Legal Theory and Contemporary Problems: Critical Essays by Oche Onazi (auth.), Oche Onazi (eds.)


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