African Law(s)

African Law(s)
Author: Salvatore Mancuso
Publisher: BRILL
Total Pages: 345
Release: 2023-09-29
Genre: Law
ISBN: 9004685472

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.

Author:
Publisher: KARTHALA Editions
Total Pages: 146
Release:
Genre:
ISBN: 9782811101046

The Routledge Handbook of African Law

The Routledge Handbook of African Law
Author: Muna Ndulo
Publisher: Routledge
Total Pages: 673
Release: 2021-11-23
Genre: Law
ISBN: 1351142348

The Routledge Handbook of African Law provides a comprehensive, critical overview of the contemporary legal terrain in Africa. The international team of expert contributors adopt an analytical and comparative approach so that readers can see the nexus between different jurisdictions and different legal traditions across the continent. The volume is divided into five parts covering: Legal Pluralism and African Legal Systems The State, Institutions, Constitutionalism, and Democratic Governance Economic Development, Technology, Trade, and Investment Human Rights, Gender-Based Violence, and Access to Justice International Law, Institutions, and International Criminal Law Providing important insights into both the specific contexts of African legal systems and the ways in which these legal traditions intersect with the wider world, this handbook will be an essential resource for academics, researchers, lawyers, and graduate and undergraduate students studying this ever-evolving field.

The Cambridge Companion to Comparative Law

The Cambridge Companion to Comparative Law
Author: Mauro Bussani
Publisher: Cambridge University Press
Total Pages: 423
Release: 2012-08-16
Genre: Business & Economics
ISBN: 0521895707

The book delves into the 'deeper structures' of the world's legal systems, where law meets culture, politics and socio-economic factors.

Law and the Public Sphere in Africa

Law and the Public Sphere in Africa
Author: Jean Godefroy Bidima
Publisher: Indiana University Press
Total Pages: 241
Release: 2013-12-11
Genre: Political Science
ISBN: 0253011280

A pioneering collection of essays that casts “an invigorating light on law, politics, public language and social practice in modern Africa” (Africa). Jean Godefroy Bidima’s La Palabre examines the traditional African institution of palaver as a way to create dialogue and open exchange in an effort to resolve conflict and promote democracy. In the wake of South Africa’s Truth and Reconciliation Commissions and the gacaca courts in Rwanda, Bidima offers a compelling model of how to develop an African public space where dialogue can combat misunderstanding. This volume, which includes other essays on legal processes, cultural diversity, memory, and the internet in Africa, offers English-speaking readers the opportunity to become acquainted with a highly original and important postcolonial thinker. “Bidima has done a very important work here which deserves the critical attention of philosophers, political theorists, legal scholars as well the general public.” —Journal of Modern African Studies “Opens promising vistas for legal and political discourse. Its multidisciplinary orientation and the erudition of the author make for a text that has crossover appeal.” —Olúfémi Táíwò, Cornell University “Presents a valuable philosophical argument that will most certainly be of interest to those working on the topics of postconflict justice, peacebuilding, and democratization in Africa.” —African Conflict and Peacebuilding Review

African Yearbook of International Law/Annuaire Africain De Droit International

African Yearbook of International Law/Annuaire Africain De Droit International
Author: Abdulqawi A. Yusuf
Publisher: Martinus Nijhoff Publishers
Total Pages: 584
Release: 2001-02-01
Genre: Law
ISBN: 9789041115300

The "African Yearbook of International Law" provides an intellectual forum for the systematic analysis and scientific dissection of issues of international law as they apply to Africa, as well as Africa's contribution to the progressive development of international law. It contributes to the promotion, acceptance of and respect for the principles of international law, as well as to the encouragement of the teaching, study, dissemination and wider appreciations of international law in Africa. A clear articulation of Africa's views on the various aspects of international law based on the present realities of the continent as well as on Africa's civilization, culture, philosophy and history will undoubtedly contribute to a better understanding among nations. The "African Yearbook of International Law" plays an important role in examining the tensions underlying the State in Africa, and by shedding more light on the causes of the fragility of African State institutions so as to facilitate the identification of appropriate remedies. The tension and interrelationships among issues such as territorial integrity, self determination, ethnic diversity and nation-building are constantly addressed. Development, human rights and democratization in Africa are also the subject of continuous attention and examination. The "Special Theme" of this volume is "Regional Economic Integration in Africa II,"

Refounding State Legitimacy - When experiences and practices speak - Volume 1

Refounding State Legitimacy - When experiences and practices speak - Volume 1
Author: SŽverine Bellina
Publisher: Lulu.com
Total Pages: 190
Release: 2017-03-24
Genre: Law
ISBN: 1365846245

The state is no longer the sole player in public action: it is now obliged to interact with civil society, the private sector and populations. This transition from "government" (a state monopoly) to "public governance" (public action with a plurality of actors) implies a certain repositioning. It is in the new relationship between the state and societies that the exercise of political power is called upon to find coherence and to restructure the legitimacy of the state. This diagnosis was the starting point for the reflections contained in this work. From the standpoint of legitimacy, the authors of this book have studied a series of experiences and practices, both in various countries around the world and within different international organisations. They offer a series of descriptive contributions designed to facilitate comprehension and analysis of the processes seeking to legitimise political power, according to a variety of contexts and the diversity of conceptions of power.

Legal Reform and Business Contracts in Developing Economies

Legal Reform and Business Contracts in Developing Economies
Author: Julie Paquin
Publisher: Routledge
Total Pages: 175
Release: 2016-04-22
Genre: Law
ISBN: 1317106091

This book examines the prospects for business law reform to drive economic development in developing countries. It argues that, despite statements to the contrary, cultural factors and other local conditions in developing countries are not properly taken into account in current business law reform programs. Utilizing the city of Dakar as an example, this book investigates the consequences of this lack of fit between local needs and transplanted legal models by examining the potential and actual impact of the OHADA program of law reform on local business practices. Focusing on how managers make decisions and apply appropriate norms in routine business operations, the book documents how contractual disputes arise and are solved in Dakar and the role played by formal law in these processes. By examining imported law from the point of view of the end-users of legal reforms, the book reveals the complex relationship between formal law, local cultural norms and the activities of SMEs operating in developing economies, and calls for a reconsideration of current law and development theory as well as the role of contract law in business decisions. It will be relevant to all developing countries seeking to align their laws with ’best practice’ as identified by aid institutions.

More Constitutional Dimensions of Contract Law

More Constitutional Dimensions of Contract Law
Author: Luca Siliquini-Cinelli
Publisher: Springer
Total Pages: 173
Release: 2019-06-24
Genre: Law
ISBN: 3030151077

This second volume on the constitutional dimension of contract law explores this increasingly relevant subject in jurisdictions that are usually overlooked by mainstream scholarship in the English-speaking world. With chapters on Finland and other Nordic Countries from a comparative perspective, Spain, Japan, Somalia, Nigeria, Brazil, and Peru, the contributions presented here offer much-needed, context-informed insights on whether – and if so, why, how and to what extent – the development of contract law is being influenced by constitutional values and fundamental rights issues (or vice-versa). The book represents a valuable addition to comparative law literature on the interplay between public (i.e., constitutional) and private (i.e., contract) law by revealing the inner dynamics through which these two branches interact and (at times) inform each other, whilst also enhancing our understanding of the law’s nature, function, and transformative potential at the macro, meso, and micro levels.