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Jurisprudence in an African Context explores the unique contribution of African jurisprudence, and that of Western jurisprudence, to engage with the context and issues of contemporary Southern African societies. The text's unique pedagogy invites the reader to explore African perspectives of law through excerpts of primary texts, and supports understanding, engagement and debate through accessible and stimulating commentary. Organised thematically, the text engageswith many urgent and important issues, related to law and justice, which concern African societies: these topics include land reform, the distribution of wealth and opportunity, who counts as a member of a political community, the rights of gay people, the interests of traditional societies, andapproaches to dealing with crime. The text provides a rich perspective of the proper role of law and justice in contemporary society, through the lens of African history, context and values.
List of contents
- Part 1 - Theories of Law
- Chapter 1 - Jurisprudence in an African context: An introduction
- Chapter 2 - What is law? I: Positivism and traditional African societies
- Chapter 3 - What Is law? II: Naturalism and apartheid
- Chapter 4 - How should judges adjudicate in an African constitutional democracy?
- Chapter 5 - Is legal interpretation subjective?
- Part 2 - Theories of Justice
- Chapter 6 - What is a just distribution of resources?
- Chapter 7 - Who has duties flowing from justice?
- Chapter 8 - Who do rights protect?
- Chapter 9 - How do we rectify past injustices?
- Chapter 10 - Why punish the guilty?
- Chapter 11 - Concluding remarks about key philosophical distinctions
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Summary
Jurisprudence in an African Context is devoted to the philosophy of law, in a way that engages earnestly with African thought and the African context. The text features primary texts by leading African intellectuals, putting these into critical dialogue with Western theorists. It addresses core jurisprudential topics, such as the nature and functions of law, the manner in which judges do and should interpret the law, theories of distributive justice, and accounts of civil and criminal justice. These abstract philosophical issues are considered in the context of salient controversies on the African continent, including: how cultural norms should influence judicial interpretation, who is obligated to fight poverty, how to effect land reform, whether to respond punitively to crimes against humanity, and, more broadly, how traditional values might inform contemporary thought and practice. Texts and topics are expounded and evaluated in a clear, accessible manner, and related questions guide readers to actively engage and respond. Jurisprudence in an African Context is suited as core material for courses in jurisprudence (including both legal and political philosophy), and may be of interest to scholars who wish to engage with African thought about the making, interpretation and enforcement of law.
