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

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

The booklet is a set of essays, which objective to situate African criminal concept within the context of the myriad of latest international demanding situations; from the superiority of battle to the distress of poverty and sickness to the crises of our environment. except being difficulties that experience an indelible African mark on them, a typical topic that runs during the essays during this e-book is that African criminal thought 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 development. The participants examine and introduce readers to the most important concerns, questions, thoughts, impulses and difficulties that underpin the assumption of African criminal idea. They define the aptitude provided by way of African criminal conception and open up its key thoughts and impulses for serious scrutiny. this can be performed with the intention to strengthen a greater knowing of the level to which African criminal concept can give a contribution to discourses looking to deal with a number of the demanding situations that confront African and non-African societies alike.

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4 Convolution, Socio-political Environments, Diversity of Influence With the three examples above, I have endeavoured to demonstrate in graphic terms the futility of a purist notion of African legal theory. The stories on anti-witchcraft laws and anti-homosexuality laws seek to demonstrate the internal contradictions that arise from monocultural reification of legal (or even moral) norms. The inconsistencies in the treatment of the same norms under a constitutional order on the one hand and a statutory setting on the other reveal the socio-political factors that may underwrite a legal framework.

Nkhata (2010, pp. 36–37) has argued that ubuntu as a philosophy of life must be understood as interdependence and not communalism or communitarianism. Ubuntu here is almost akin or in fact central to the state of human being-ness. The other case where ubuntu is conceptualized as a social value is understood as ‘group solidarity, conformity, compassion, respect, human dignity, humanistic orientation and collective unity’ (Mokgoro 1998, p. 3). Indeed, ubuntu has traversed all aspects of life including religion, politics, law, business, social security, education, healthcare, gender and globalization (Nkhata 2010, p.

8 The second flaw with a purist conception of African legal theory is this: Beyond the gloom arising out of the legacy of modernity in the context of knowledgeproduction, an agitation for a purist African legal theory, jurisprudence or philosophy is tenuous on the basis of two other limbs: reality and memory. The human as a social being constructs a reality she responds to. 9 In other words, human beings construct their (social) world which then becomes the ‘reality’ (Berger and Luckmann above; Burr 2003, pp.

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