Download or read book Colonial Legacies and the Rule of Law in Africa written by Salmon A Shomade and published by Routledge. This book was released on 2021-12-30 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the continued impact of British colonial legacy on the rule of law in Ghana, Kenya, Nigeria, South Africa, and Zimbabwe. The legal system is intended to protect regular citizens, but within the majority of Africa the rule of law remains infused with Eurocentric cultural and linguistic tropes, which can leave its supposed beneficiaries feeling alienated from the structures intended to protect them. This book traces the impact, effect, opportunities, and challenges that the colonial legacy poses for the rule of law across Ghana, Kenya, Nigeria, South Africa, and Zimbabwe. The book examines the similarities and differences of the colonial legacy on the current legal landscape of each nation and the intersection with the rule of law. This important comparative study will be of interest to scholars of Political Science, International Studies, Law, African Politics, and British Colonial History.

Download or read book Disrupting Africa written by Olufunmilayo B. Arewa and published by Cambridge University Press. This book was released on 2021-07-29 with total page 665 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the digital era, many African countries sit at the crossroads of a potential future that will be shaped by digital-era technologies with existing laws and institutions constructed under conditions of colonial and post-colonial authoritarian rule. In Disrupting Africa, Olufunmilayo B. Arewa examines this intersection and shows how it encompasses existing and new zones of contestation based on ethnicity, religion, region, age, and other sources of division. Arewa highlights specific collisions between the old and the new, including in the 2020 #EndSARS protests in Nigeria, which involved young people engaging with varied digital era technologies who provoked a violent response from rulers threatened by the prospect of political change. In this groundbreaking work, Arewa demonstrates how lawmaking and legal processes during and after colonialism continue to frame contexts in which digital technologies are created, implemented, regulated, and used in Africa today.

Download or read book Human Rights the Rule of Law and Development in Africa written by Paul Tiyambe Zeleza and published by University of Pennsylvania Press. This book was released on 2011-06-07 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Changes in human rights environments in Africa over the past decade have been facilitated by astounding political transformations: the rise of mass movements and revolts driven by democratic and developmentalist ideals, as well as mass murder and poverty perpetuated by desperate regimes and discredited global agencies. Human Rights, the Rule of Law, and Development in Africa seeks to make sense of human rights in Africa through the lens of its triumphs and tragedies, its uneven developments and complex demands. The volume makes a significant contribution to the debate about the connections between the protection of human rights and the pursuit of economic development by interrogating the paradigms, politics, and practices of human rights in Africa. Throughout, the essays emphasize that democratic and human rights regimes are products of concrete social struggles, not simply textual or legal discourses. Including some of Africa's leading scholars, jurists, and human rights activists, contributors to the volume diverge from Western theories of African democratization by rejecting the continental view of an Africa blighted by failure, disease, and economic malaise. It argues instead that Africa has strengthened and shaped international law, such as the right to self-determination, inspired by the process of decolonization, and the definition of the refugee. Insisting on the holistic view that human rights are as much about economic and social rights as they are about civil and political rights, the contributors offer novel analyses of African conceptions, experiences, and aspirations of human rights which manifest themselves in complex global, regional, and local idioms. Further, they explore the varied constructions of human rights in African and Western discourses and the roles played by states and NGOs in promoting or subverting human rights. Combining academic analysis with social concern, intellectual discourse with civic engagement, and scholarly research with institution building, this is a compelling and original approach to the question whether externally inspired solutions to African human rights issues have validity in a postcolonial world.

Download or read book The Formation and Transmission of Western Legal Culture written by Serge Dauchy and published by Springer. This book was released on 2016-12-01 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each ‘old book’ is analyzed by a recognized specialist in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their publication, and in their broader influence on the development of law worldwide. Introductory essays explore the development of Western legal traditions, especially the influence of the English common law, and of Roman and canon law on legal writers, and the borrowings and interaction between them. The book goes beyond the study of institutions and traditions of individual countries to chart a broader perspective on the transmission of legal concepts across legal, political, and geographical boundaries. Examining the branches of this genealogical tree of books makes clear their pervasive influence on modern legal systems, including attempts at rationalizing custom or creating new hybrid systems by transplanting Western legal concepts into other jurisdictions.

Download or read book Legitimacy Legal Development and Change written by David K. Linnan and published by Routledge. This book was released on 2016-04-22 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses critical questions about how legal development works in practice. Can law be employed to shape behavior as a form of social engineering, or must social behavior change first, relegating legal change to follow as ratification or reinforcement? And what is legal development's source of legitimacy if not modernization? But by the same token, whose version of modernization will predominate absent a Western monopoly on change? There are now legal development alternatives, especially from Asia, so we need a better way to ask the right questions of different approaches primarily in (non-Western) Asia, Africa, the Islamic world, plus South America. Incoming waves of change like the 'Arab spring' lie on the horizon. Meanwhile, debates are sharpening about law's role in economic development versus democracy and governance under the rubric of the rule of law. More than a general survey of law and modernization theory and practice, this work is a timely reference for practitioners of institutional reform, and a thought-provoking interdisciplinary collection of essays in an area of renewed practical and scholarly interest. The contributors are a distinguished international group of scholars and practitioners of law, development, social sciences, and religion with extensive experience in the developing world.

Download or read book Tradition Culture and Development in Africa written by Ambe J. Njoh and published by Ashgate Publishing, Ltd.. This book was released on 2006 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: By linking culture and tradition with socio-economic development, this book breaks new ground in the discourse on development. It highlights the differences between Euro-centric and African culture, where concepts such as capital accumulation, entrepreneurial attitudes and material wealth are not top priority. In doing so, it dispels popular myths, stereotypes and distortions, as well as discounting misleading accounts about major aspects of African culture and traditional practices.

Download or read book Law and Development in Africa Towards a New Approach written by Mashood A. Baderin and published by . This book was released on with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Comparative Law and Legal Traditions written by George Mousourakis and published by Springer Nature. This book was released on 2019-11-01 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: The primary aim of this book is to provide clear and reliable information on a number of central topics in comparative law. At a time when global society is increasingly mobile and legal life is internationalized, the role of comparative law is gaining importance. While the growing interest in this field may well be attributed to the dramatic increase in international legal transactions, this empirical parameter is only part of the explanation. The other part, and (at least) equally important, has to do with the expectation of gaining a deeper understanding of law as a social phenomenon and a fresh insight into the current state and future direction of one’s own legal system. In response to the internationalization of legal practice and theory, law schools around the world have expanded their comparative law programs. Within the legal subjects that form the core of the curriculum there is a greater interest in comparative legal analysis, as well as greater attention to how global developments and international actors and institutions affect domestic law. Transnational legal education based on comparative reasoning is intended to help shape a new generation of lawyers, public servants and other professionals who recognize and respect cultural diversity in an interconnected world. The central topics discussed in this book include: the nature and scope of comparative legal inquiries; the relationship of comparative law to other fields of legal study; the aims and uses of comparative law; the origins and historical development of comparative law; and the evolution and defining features of some of the world’s predominant legal traditions. It also deals with selected theoretical aspects, such as the problem of comparability of legal events; the classification of legal systems into families of law; and the topics of legal transplants, harmonization and convergence of laws. Chiefly intended for students, the book also discusses a number of fundamental issues concerning the development of comparative law, and devotes certain sections to reviewing the salient features of the relevant literature on definitional, terminological, methodological and historical issues.

Download or read book Traditional and Modern Legal Institutions in Asia and Africa written by Buxbaum and published by BRILL. This book was released on 2022-07-18 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Democracy Good Governance and Development in Africa written by Mawere, Munyaradzi and published by Langaa RPCIG. This book was released on 2015-10-24 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions surrounding democracy, governance, and development especially in the view of Africa have provoked acrimonious debates in the past few years. It remains a perennial question why some decades after political independence in Africa the continent continues experiencing bad governance, lagging behind socioeconomically, and its democracy questionable. We admit that a plethora of theories and reasons, including iniquitous and malicious ones, have been conjured in an attempt to explain and answer the questions as to why Africa seems to be lagging behind other continents in issues pertaining to good governance, democracy and socio-economic development. Yet, none of the theories and reasons proffered so far seems to have provided enduring solutions to Africa’s diverse complex problems and predicaments. This book dissects and critically examines the matrix of Africa’s multifaceted problems on governance, democracy and development in an attempt to proffer enduring solutions to the continent’s long-standing political and socio-economic dilemmas and setbacks.

Download or read book On the Rule of Law written by Brian Z. Tamanaha and published by Cambridge University Press. This book was released on 2004-11-18 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works. This 2004 book explores the history, politics, and theory surrounding the rule of law ideal, beginning with classical Greek and Roman ideas, elaborating on medieval contributions to the rule of law, and articulating the role played by the rule of law in liberal theory and liberal political systems. The author outlines the concerns of Western conservatives about the decline of the rule of law and suggests reasons why the radical Left have promoted this decline. Two basic theoretical streams of the rule of law are then presented, with an examination of the strengths and weaknesses of each. The book examines the rule of law on a global level, and concludes by answering the question of whether the rule of law is a universal human good.

Download or read book The Green Belt Movement written by Wangari Maathai and published by Lantern Books. This book was released on 2003 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wangari Maathai, founder of The Green Belt Movement, tells its story including the philosophy behind it, its challenges, and objectives.

Download or read book Law and Social Change in Ghana written by William Burnett Harvey and published by Princeton University Press. This book was released on 2015-12-08 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: While Professor of Law and Dean of the Faculty of Law at the University of Ghana from 1962 to 1964, the author personally observed the evolving legal order in Ghana during a crucial period in that country's development. Here, he considers statutes and judicial decisions. Working from the premise that law is a value-neutral technique of social ordering and derives its value content from a dominant elite, Professor Harvey places the important Ghanaian constitutional and legal developments in their social context. He concludes that although democratic values have dominated the basic structure of public power, autocratic values have determined the realities of political life in Ghana. Originally published in 1966. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Download or read book African Institutions written by Ali A. Mazrui and published by Rowman & Littlefield. This book was released on 2015-11-12 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every political system, either developed or adopted, has an impact on the structure of society and the level of development. This book analyzes the evolution and nature of political institutions and their effect on Africa’s development. The challenges Africa face in developing viable institutions are not limited to the adoption of foreign institutions, but are also rooted in domestic norms that define society itself. Sometimes, these challenges have to do with the incompatibility between foreign and domestic institutions. The fundamental issue then is to understand the African societies, cultures, and other dynamics that have ensured stability in the past and that need to be recognized when adopting contemporary foreign institutions. This comprehensive text examines three key issue areas in Africa: politics, society, and economy. It demonstrates how the lack of consideration for domestic norms and societal realities explain the weaker institutions and lack of development on the African continent. The chapters examine critical issues such as gender, ethnicity and constitution development, legitimacy and the state, the correlation between abundant resources and instability, the dilemmas of political dynasties, international economic regimes and Africa’s economy, and more. Featuring many case studies, including Kenya, South Africa, Senegal, Ghana, Nigeria, Tanzania, Morocco, Togo, DRC, Ethiopia, Rwanda, the book provides some explanation of underdevelopment in Africa, linking the historical and colonial realities that hinder democratic consolidation to contemporary African politics, society and economy.

Download or read book How Europe Underdeveloped Africa written by Walter Rodney and published by Verso Books. This book was released on 2018-11-27 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A call to arms in the class struggle for racial equity”—the hugely influential work of political theory and history, now powerfully introduced by Angela Davis (Los Angeles Review of Books). This legendary classic on European colonialism in Africa stands alongside C.L.R. James’ Black Jacobins, Eric Williams’ Capitalism & Slavery, and W.E.B. Dubois’ Black Reconstruction. In his short life, the Guyanese intellectual Walter Rodney emerged as one of the leading thinkers and activists of the anticolonial revolution, leading movements in North America, South America, the African continent, and the Caribbean. In each locale, Rodney found himself a lightning rod for working class Black Power. His deportation catalyzed 20th century Jamaica's most significant rebellion, the 1968 Rodney riots, and his scholarship trained a generation how to think politics at an international scale. In 1980, shortly after founding of the Working People's Alliance in Guyana, the 38-year-old Rodney would be assassinated. In his magnum opus, How Europe Underdeveloped Africa, Rodney incisively argues that grasping "the great divergence" between the west and the rest can only be explained as the exploitation of the latter by the former. This meticulously researched analysis of the abiding repercussions of European colonialism on the continent of Africa has not only informed decades of scholarship and activism, it remains an indispensable study for grasping global inequality today.

Download or read book Children s Agency and Development in African Societies written by Ofosu-Kus, Yaw and published by CODESRIA. This book was released on 2017-07-19 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on African childhood and youth within the context of development and socialization where children are expected to be moulded in the image of adults. In many African societies children are generally held as passive bearers of the demands of adults, regardless of the fact that they are often exposed to a multitude of challenges that originate from the capriciousness of those adults. However, buoyed by international conventions and national legislations that offer them greater protection, and the ubiquitous internet that exposes them to childhood and youth experiences elsewhere, many of them are increasingly becoming assertive in homes, schools, and communities as well as re-invigorating their survival and self-preservation instincts. It is in this regard that this book, through the various chapters, engages with their competencies, skills and creativity to respond to experiential challenges as independent migrants or ones under coercion working in city streets and markets or cocoa farms or juggling work and schooling in pursuit of some education. Confronted with their parents' and siblings' health predicaments and the inadequacies of state and familial care, or urgent negotiation of their sexualities, they demonstrate incredible resilience. Similarly, their perceptiveness is demonstrated in a unique appreciation of politics and its actors and a capacity to assume responsibilities beyond their chronological age. Thus while highlighting some of the challenges confronting African children, the book provides gripping evidence of how they resiliently negotiate those challenges.

Download or read book The Legacies of Law written by Jens Meierhenrich and published by Cambridge University Press. This book was released on 2008-10-13 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on South Africa during the period 1650–2000, this book examines the role of law in making democracy work in changing societies. The Legacies of Law sheds light on the neglected relationship between path dependence and the law. Meierhenrich argues that legal norms and institutions, even illiberal ones, have an important - and hitherto undertheorized - structuring effect on democratic outcomes. Under certain conditions, law appears to reduce uncertainty in democratization by invoking common cultural backgrounds and experiences. In instances where interacting adversaries share qua law reasonably convergent mental models, transitions from authoritarian rule are shown to be less intractable. Meierhenrich's historical analysis of the evolution of law - and its effects - in South Africa during the period 1650–2000, compared with a short study of Chile from 1830–1990, shows how, and when, legal norms and institutions serve as historical causes to both liberal and illiberal rule.