Get 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 publication is a set of essays, which objective to situate African criminal thought within the context of the myriad of up to date worldwide demanding situations; from the superiority of struggle to the distress of poverty and disorder to the crises of our surroundings. except being difficulties that experience an indelible African mark on them, a standard subject matter that runs in the course of the essays during this booklet is that African criminal concept has been excluded, under-explored or under-theorised within the look for options to such modern difficulties. The essays make a modest try and opposite this pattern. The members examine and introduce readers to the main matters, questions, strategies, impulses and difficulties that underpin the belief of African criminal conception. They define the capability provided via African criminal conception and open up its key options and impulses for serious scrutiny. this can be performed so one can boost a greater knowing of the level to which African felony concept can give a contribution to discourses trying to handle the various demanding situations that confront African and non-African societies alike.

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L. ), Intermediaries, Interpreters, and Clerks. African Employees in the Making of Colonial Africa (2006). See also Elias’s admonishment of the ‘arming of such subordinate officials of the statutory court with the new magic wand of the record book and of spoken English’ in T. O. Elias, The Nature of African Customary Law (1956a), p. 275. 1954–1960) Elias’s initial legal interventions on the African scene coincided with the populist inquiry as to whether there was anything like African customary law – whether it was law at all or just a hotchpotch of desultory, discordant, and ever-changing customs.

Section 4 of the Act provides, Any person who, otherwise than in laying information before a court, a police officer, a Chief, or other proper authority, accuses any person with being a witch or with practising witchcraft or names or indicates any person as being a witch or wizard shall be liable to a fine of […] and to imprisonment for five years. It is also an offence for one to claim that he practices witchcraft. Section 6 of the Act provides, Any person who by his statements or actions represents himself to be a wizard or witch or as having or exercising the power of witchcraft shall be liable to a fine of […] and to imprisonment for ten years.

Indeed, in the latter case, the uniqueness of the positive complementarity lies in the fact that it is based solely on the conceptual properties of the indigene African norm. The term ubuntu is Nguni which may be loosely translated as ‘personhood, humanity, humanness and morality’ (Mokgoro 1998; Nkhata 2010, p. 31). Scholars do concede that the term is elusive to define with precision. Mokgoro, for example, notes, The concept ubuntu, like many African concepts, is not easily definable. To define an African notion in a foreign language and from an abstract as opposed to a concrete approach to defy [sic] the very essence of the African world-view and [sic] can also be particularly elusive.

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


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