African Perspectives on Tradition and Justice


Book Description

This volume aims to produce a better understanding of the relationship between tradition and justice in Africa. It presents six contributions of African scholars related to current international discourses on access to justice and human rights and on the localisation of transitional justice. The contributions suggest that access to justice and appropriate, context-specific transitional justice strategies need to consider diversity and legal pluralism. In this sense, they all stress that dialogical approaches are the way forward. Whether it is in the context of legal reforms, transitional processes in post-war societies or the promotion of human rights in general, all contributors accentuate that it is by means of cooperation, conversation and cross-fertilization between different legal realities that positive achievements can be realized. The contributions in this book illustrate the perspectives on this dialectical process from those operating on the ground, and more specifically from Sierra Leone, Mozambique, Malawi, South Africa, Uganda and Rwanda. Obviously, the contributions in this volume do not provide the final outcome of the debate. Rather, they are a part of it. Book jacket.




The Routledge Handbook of Africana Criminologies


Book Description

The Routledge Handbook on Africana Criminologies plugs a gaping hole in criminological literature, which remains dominated by work on Europe and settler-colonial locations at the expense of neocolonial locations and at a huge cost to the discipline that remains relatively underdeveloped. It is well known that criminology is thriving in Europe and settler-colonial locations while people of African descent remain marginalized in the discipline. This handbook therefore defines and explores this field within criminology, moving away from the colonialist approach of offering administrative criminology about policing, courts, and prisons and making a case for decolonizing the wider discipline. Arranged in five parts, it outlines Africana criminologies, maps its emergence, and addresses key themes such as slavery, colonialism, and apartheid as crimes against humanity; critiques of imperialist reason; Africana cultural criminology; and theories of law enforcement and Africana people. Coalescing a diverse range of voices from Africa and the diaspora, the handbook explores outside Eurocentric canons in order to learn from the experiences, struggles, and contributions of people of African descent. Offering innovative ways of theorizing and explaining the criminological crises that face Africa and the entire world with the view of contributing to a more humane world, this groundbreaking handbook is essential reading for criminologists and sociologists worldwide, as well as scholars of Africana studies and African studies.




Where Law Meets Reality


Book Description

Considering the core debates about how to develop a transitional justice agenda that best responds to the African context, this book addresses the tension between justice, peace and reconciliation.




An African Path to Disability Justice


Book Description

How should disability justice be conceptualised, not by orthodox human rights or capabilities approaches, but by a legal philosophy that mirrors an African relational community ideal? This book develops the first comprehensive answer to this question through the contemporary literature on African philosophy, which is relied upon to construct a legal philosophy of disability justice comprising of ethical ideals of community, human relationships and obligations. From these ideals, an African legal philosophy of disability justice is offered as a criterion for critically evaluating existing laws, legal and political institutions, as well as providing an ethical basis for creating new ones to ensure that they are inclusive to people with disabilities. In taking an alternative perspective on the subject, the book outlines and emphasises the need for a new public culture of obligations owed to people with disabilities, highlighting both the prospects and difficulties of achieving the ideal of disability justice that continues to elude the lived experiences of millions of Africans today. Oche Onazi's An African Path to Disability Justice is the first book-length exploration of disability in the light of African ethics, as contrasted with the human rights and capabilities frameworks. Of particular interest are Onazi's thoughtful reflections on how various conceptions of community salient in African moral philosophy––including group-based, reciprocal and relational––bear on what we owe to the disabled. --Thaddeus Metz, Distinguished Professor, University of Johannesburg




African Ethics


Book Description

This is the first comprehensive exploration of African ethics covering everything from normative ethics and applied ethics, to meta-ethics and methodology, as well as the history of its evolution. African Ethics provides an in-depth exploration of Ubuntu ethics which is defined as a set of values based on concepts such as reciprocity, mutual respect, and working towards the common good. Ubuntu ethics also strongly emphasize the place of human dignity. The book engages with both theory and practice and how these ethical ideas impact upon the actual lived experience of Africans. It also includes important political considerations such as the impact of imperialism, colonialism, and capitalism on African ethics as well as the negative impact of apartheid and the renaissance made possible by the 'The Truth and Reconciliation Commission' whose work was premised heavily on African ethical ideas. This book is not just a wide-ranging and incisive introduction but also a reformulation of key concepts and current debates in African ethics. Crucially, African Ethics is an inclusive text, one that speaks from an African perspective and contributes to the decolonizing of contemporary ethics.




Access to Justice and Human Security


Book Description

For most people in rural South Africa, traditional justice mechanisms provide the only feasible means of accessing any form of justice. These mechanisms are popularly associated with restorative justice, reconciliation and harmony in rural communities. Yet, this ethnographic study grounded in the political economy of rural South Africa reveals how historical conditions and contemporary pressures have strained these mechanisms’ ability to deliver the high normative ideals with which they are notionally linked. In places such as Msinga access to justice is made especially precarious by the reality that human insecurity – a composite of physical, social and material insecurity – is high for both ordinary people and the authorities who staff local justice forums; cooperation is low between traditional justice mechanisms and the criminal and social justice mechanisms the state is meant to provide; and competition from purportedly more effective ‘twilight institutions’, like vigilante associations, is rife. Further contradictions are presented by profoundly gendered social relations premised on delicate social trust that is closely monitored by one’s community and enforced through self-help measures like witchcraft accusations in a context in which violence is, culturally and practically, a highly plausible strategy for dispute management. These contextual considerations compel us to ask what justice we can reasonably speak of access to in such an insecure context and what solutions are viable under such volatile human conditions? The book concludes with a vision for access to justice in rural South Africa that takes seriously ordinary people’s circumstances and traditional authorities’ lived experiences as documented in this detailed study. The author proposes a cooperative governance model that would maximise the resources and capacity of both traditional and state justice apparatus for delivering the legal and social justice – namely, peace and protection from violence as well as mitigation of poverty and destitution – that rural people genuinely need.




An Introduction to Transitional Justice


Book Description

The Second Edition of An Introduction to Transitional Justice provides a comprehensive overview of transitional justice judicial and non-judicial measures implemented by societies to redress legacies of massive human rights abuse. Written by some of the leading experts in the field, it takes a broad, interdisciplinary approach to the subject, addressing the dominant transitional justice mechanisms as well as key themes and challenges faced by scholars and practitioners. Using a wide historic and geographic range of case studies to illustrate key concepts and debates, and featuring discussion questions and suggestions for further reading, this is an essential introduction to the subject for students.




Justice Framed


Book Description

A new perspective on the history of transitional justice and why the discourse prioritises particular responses to human rights violations.




African Law(s)


Book Description

This book takes a comparative law perspective and proposes a new approach for researching law in Africa. Western theoretical perspectives in comparative law are too Eurocentric to fully catch the peculiarities and characteristics of the African “lawscape”—in short, they are inadequate for studying African law. In this book, Professor Salvatore Mancuso considers the law in Africa from a different perspective. Deeply rooted in the culture of the African people, this approach considers African legal culture with the same legitimacy as Western legal culture, setting a precedent for future policy-making decisions relating to legislative development in Africa.




Constitutionalism and Transitional Justice in South Africa


Book Description

Over the last fifteen years, the South African postapartheid Transitional Amnesty Process – implemented by the Truth and Reconciliation Commission (TRC) – has been extensively analyzed by scholars and commentators from around the world and from almost every discipline of human sciences. Lawyers, historians, anthropologists and sociologists as well as political scientists have tried to understand, describe and comment on the ‘shocking’ South African political decision to give amnesty to all who fully disclosed their politically motivated crimes committed during the apartheid era. Investigating the postapartheid transition in South Africa from a multidisciplinary perspective involving constitutional law, criminal law, history and political science, this book explores the overlapping of the postapartheid constitution-making process and the Amnesty Process for political violence under apartheid and shows that both processes represent important innovations in terms of constitutional law and transitional justice systems. Both processes contain mechanisms that encourage the constitution of the unity of the political body while ensuring future solidity and stability. From this perspective, the book deals with the importance of several concepts such as truth about the past, publicly shared memory, unity of the political body and public confession.