Ubuntu, Good Faith and Equity


Book Description




Comparative Law


Book Description

This book discusses a number of important themes in comparative law: legal metaphors and methodology, the movements of legal ideas and institutions and the mixity they produce, and marriage, an area of law in which culture – or clashes of legal and public cultures – may be particularly evident. In a mix of methodological and empirical investigations divided by these themes, the work offers expanded analyses and a unique cross-section of materials that is on the cutting edge of comparative law scholarship. It presents an innovative approach to legal pluralism, the study of mixed jurisdictions, and language and the law, with the use of metaphors not as an illustration but as a core element of comparative methodology.




Ubuntu


Book Description

Ubuntu: An African Jurisprudence examines how and why South African courts and law-makers have been using the concept of ubuntu over the last thirty years, reflecting the views of judges and scholars, and above all proclaiming the importance of this new idea for South African legal thinking. Although ubuntu is the product of relations in and between the close-knit groups of a precolonial society, its basic aims - social harmony and caring for others - give it an inherently inclusive scope. This principle is therefore quite capable of embracing all those who constitute the heterogeneous populations of modern states. Included in this work are discussions of two traditional institutions that provide model settings for the realisation of ubuntu: imbizo, national gatherings consulted by traditional rulers to decide matters of general concern, and indaba, a typically African process of making decisions based on the consensus of the group. Courts and law-makers have used imbizo to give effect to the constitutional requirement of participatory democracy, and indaba to suggest an alternative method of decisionmaking to systems of majority voting. Ubuntu offers something extraordinarily valuable to South Africa and, in fact, to the wider world. Its emphasis on our responsibility for the welfare of our fellow beings acts as a timely antidote not only to the typically rationalist, disinterested system of justice in Western law, but also to the sense of anomie so prevalent in today's society.







Comparative Contract Law


Book Description

This comprehensive Handbook offers a thoughtful survey of contract theories, issues and cases in order to reassess the field's present vision of contract law. It engages a critical search for the fault lines which cross traditions of thought and globalized landscapes. Comparative Contract Law is built around four main groups of insights, including: the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; and the concurring opinions expressed within the domain of other disciplines, such as literature and political theory. The chapters in the book tease out the tensions between a global context and local frameworks as well as the movable thresholds between canonical expressions and heterodox constructions.




UBuntu and the Law


Book Description

This book brings together the uBuntu jurisprudence of South Africa, as well as the most cutting-edge critical essays about South African jurisprudence on uBuntu. Can indigenous values be rendered compatible with a modern legal system? This book raises some of the most pressing questions in cultural, political, and legal theory.




Constitutional Adjudication in Africa


Book Description

Providing the first comparative analysis of African attempts to promote respect for rule of law and constitutional justice, this book examines the diverse and distinctive approaches to constitutional adjudication taken. It captures positive and negative developments, and future prospects for the different models of constitutional review.




Ubuntu


Book Description

Ubuntu: Interdisciplinary Conversations Across Continents is a collection of work by 17 scholars emerging from the Ubuntu Dialogues Seminar Exchange Fellowship hosted by Stellenbosch University in South Africa and Michigan State University in the US between 2019 and 2022. This collaborative work brings new voices and new ways of interrogating a concept that holds possibilities for living together differently. The contributions problematise the concept in provocative and surprising ways and disrupt narrow and superficial interpretations of Ubuntu. --- The contributors to this book foreground critical issues which are fundamental towards a deeper understanding of the notion of ubuntu. – Dr Sithembele Marawu, University of Fort Hare This book features next generation rising stars from places such as South Africa, Zimbabwe, Malawi, Burundi, and the US, writing about ubuntu, the indigenous southern African term often used to capture African philosophy, especially its moral dimensions. A fresh, kaleidoscopic engagement with ubuntu. – Professor Thaddeus Metz, University of Pretoria




Understanding Ubuntu for Enhancing Intercultural Communications


Book Description

Given the importance of cross-cultural competence, it is important that scholars from different parts of the world describe the conceptual frameworks underlying their cultures to provide people with knowledge helpful for understanding and navigating cultural barriers and promoting harmony and productivity in places of work. The literature is replete with reference points for understanding Eurocentric worldviews. Little has been written about non-Eurocentric worldviews with respect to the subject of socio-cultural harmony and interpersonal relations such as Ubuntu, Africa’s indigenous philosophy and its relevancy. This philosophy teaches the importance of maintaining good human relations and sensitivity to the wellbeing of other people both as individuals and collectively. In the teachings of this African conceptual framework, the wellbeing of others is more important than that of self. Another important distinguishing feature of Ubuntu is that it places great value on communalism as opposed to individualism. The tenets of Ubuntu include human-centeredness, teamwork, collaboration, cooperation, respect for diversity of opinion, and joint consideration of problems. These tenets can be applied for intercultural competence and communications. Understanding Ubuntu for Enhancing Intercultural Communications sheds some light on Ubuntu, Africa’s unique philosophy, and explores how the knowledge of Ubuntu can help minimize cross-cultural communication barriers. Within this context, the chapters work to make readers aware of the existence of an African worldview, specifically Ubuntu, and its possible contribution to interpersonal communication. This book also shares the lived experiences of being born and raised in sub-Saharan Africa where Ubuntu is a way of life. This book is essential for businesses seeking to expand internationally and managers overseeing diverse workforces as well as business executives, government officials, public relations officers, academicians, researchers, and students including those studying African studies, world religions, international business, international relations, management, communication, and more.




The Small-Scale Fisheries Guidelines


Book Description

In June 2014, FAO member-states endorsed the Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries (SSF Guidelines). These Guidelines are one of the most significant landmarks for small-scale fisheries around the world. They are comprehensive in terms of topics covered, and progressive, with their foundations based on human rights and other key principles. It can be anticipated that implementing the SSF Guidelines, whether at local, national, or regional levels, will be challenging. This book contains in-depth case studies where authors discuss the extent to which the Guidelines can help improve the realities of small-scale fishing men and women globally and make their livelihoods and communities more secure. This will require policy intervention and innovation, along with contributions of civil society organizations and academia. However, most of all it will necessitate the empowerment of fishing people so that they can become active participants in decision making on matters where their well-being and human rights are at stake. By endorsing the SSF Guidelines, states have committed themselves to support and facilitate this development. This book asks whether states can successfully “walk the talk,” and provides advice as to how they can do so. The collection of case studies sets the platform for an interactive dialogue space for researchers, policy makers, civil society and small-scale fishing communities to start the conversation about the monitoring and evaluation of the implementation of the SSF Guidelines at local, national, regional and global levels. An added value is that it helps add focus to our work as civil society activists involved in ensuring the application of the SSF Guidelines. Naseegh Jaffer – General Secretary, World Forum of Fisher People (WFFP) This collection offers many ways in which institutions enabling small-scale fisheries can protect and promote sustainability, food security, customary tenure, self-management, and market access, while fostering such benefits as ecosystem-based management, protected areas, incorporation of local knowledge, and poverty alleviation. You will want to put this book in the hands of policy-makers and practitioners immediately -- and for years to come. Evelyn Pinkerton – Professor, Simon Fraser University, Canada