Jurisprudence in an African Context

Edited by David Bilchitz, Thaddeus Metz, and Oritsegbubemi Oyowe

The text is of interest to, and accessible to, law students within South Africa and the sub-Saharan region. Its purpose is to make jurisprudence relevant to Southern African students, and to ensure that readers are able to identify with the history, values, and ethics which underpin the discussions.
The text allows readers to engage in philosophically informed debates about contemporary dilemmas within the African context. It examines the unique contribution of African jurisprudence, in order to consider many of the important and urgent questions which are of concern for those living in Africa.
The text engages readers in extracts of primary texts, which are supported by commentary. The authors' commentary guides the reader to understand the essential meaning of the primary sources, explains the relevance of the excerpts to a (South) African context, and highlights the relationships between excerpts. This pedagogical approach offers the reader greater depth of meaning and personal engagement in the learning experience.

Jurisprudence in an African Context

Edited by David Bilchitz, Thaddeus Metz, and Oritsegbubemi Oyowe

Description

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.

Jurisprudence in an African Context

Edited by David Bilchitz, Thaddeus Metz, and Oritsegbubemi Oyowe

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