New Essays In African Law

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.

Folk Law, a comprehensive two-volme collection of essays, examines the meeting place of folklore - the unwritten law of obligations and prohibitions that are understood and passed on - and jurisprudence. The contributors explore the historical significance and implications of folk law, its continuing influence around the globe, and the conflicts that arise when folk law diverges from official law. -- Taken from publisher's site

The African Canadian Legal Odyssey explores the history of African Canadians and the law from the era of slavery until the early twenty-first century. This collection demonstrates that the social history of Blacks in Canada has always been inextricably bound to questions of law, and that the role of the law in shaping Black life was often ambiguous and shifted over time. Comprised of eleven engaging chapters, organized both thematically and chronologically, it includes a substantive introduction that provides a synthesis and overview of this complex history. This outstanding collection will appeal to both advanced specialists and undergraduate students and makes an important contribution to an emerging field of scholarly inquiry.

Since the publication of the first edition of this book in 1977, Africa has established itself as the most popular introductory text for African studies courses in North America. This third edition has been completely revised and brought up to date since the 1986 edition, reflecting changes in African society and politics, and in the scholarship available on this vast and complex continent. Contents I. Introduction 1. Africa: Problems and Perspectives. Phyllis M. Martin and Patrick O'Meara 2. The Contemporary Map of Africa. Michael L. McNulty II. The African Past 3. Prehistoric Africa. Kathy D. Schick 4. Aspects of Early African History. John Lamphear and Toyin Falola 5. Islam and African Societies. John H. Hanson 6. Africa and Europe before 1900. Curtis A. Keim 7. The Colonial Era. Sheldon Gellar 8. Decolonization, Independence, and the Failure of Politics. Edmond J. Keller III. Society and Culture 9. Social Organization in Africa. John C. McCall 10. Economic Life in African Villages and Towns. Mahir Saul 11. African Systems of Thought. Ivan Karp 12. African Art. Patrick McNaughton and Diane Pelrine 13. African Music Performed. Ruth M. Stone 14. Popular Culture in Urban Africa. Dele Jegede 15. African Literature. Eileen Julien 16. Social Change in Contemporary Africa. Claire Robertson 17. Law and Society in Contemporary Africa. Takyiwaa Manuh IV. Economics and Politics 18. African Politics since Independence. N. Brian Winchester 19. Economic Change in Contemporary Africa. Sara Berry 20. The African Development Crisis. Richard Stryker and Stephen N. Ndegwa 21. South Africa. C. R. D. Halisi and Patrick O'Meara Africana Resources for Undergraduates: A Bibliographic Essay. Nancy J. Schmidt

This is the first book to bring together distinguished jurisprudential theorists, as well as up-and-coming scholars, to critically assess the nature of legal reasoning. The volume is divided into 3 parts: The first part, General Jurisprudence and Legal Reasoning, addresses issues at the intersection of general jurisprudence - those pertaining to the nature of law itself - and legal reasoning. The second part, Rules and Reasons, addresses two concepts central to two prominent types of theory of legal reasoning. The essays in the third and final part, Doctrine and Practice, delve into the mechanics of legal practice and doctrine, from a legal reasoning perspective.

This is the first focused study on the relationship between the use of national courts to pursue retrospective justice and the construction of viable democracies. Included in this interdisciplinary volume are fascinating, detailed essays on the experiences of eight countries: Argentina, Bolivia, Chile, Germany, Greece, Hungary, Poland, and South Africa. According to the contributors, the most important lesson for leaders of new democracies, who are wrestling with the human rights abuses of past dictatorships, is that they have many options. Democratizing regimes are well-advised to be attentive to the significant political, ethical, and legal constraints that may limit their ability to achieve retribution for past wrongs. On prudential ground alone, some fledgling regimes will have no choice but to restrain their desire for punishment in the interest of political survival. However, it would be incorrect to think that all new democracies are therefore bereft of the political and legal resources needed to bring the perpetrators of egregious human rights violations to justice. In many instances, governments have overcome the obstacles before them and, by appealing to both national and international legal standards, have brought their former dictators to trial. When these judicial proceedings have been properly conducted and insulated from partisan political pressures, they have provided tangible evidence of the guiding principles-equality, fairness, and the rule of law-that are essential to the post-authoritarian order. This collection shows that the quest for transitional justice has amounted to something more than merely a break with the past--it constitutes a formative act which directly affects the quality and credibility of democratic institutions.