Jurisprudence in an African Context 2e

Jurisprudence in an African Context, Second Edition, is devoted to the philosophy of law in a way that engages earnestly with African thought and the African context. The textbook features primary texts by leading African intellectuals, putting these in critical dialogue with works by 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 light of both African and Western principles as applied to salient controversies on
the African continent.
This revised and updated second edition offers a deepened examination of the philosophical theories, the African context and African customary law. It includes new chapters that address critical race theory and feminism, and provides expanded analysis of primary texts. Further reading lists are also n ow available in each chapter, and links to online media are integrated throughout the work.
Jurisprudence in an African Context, Second Edition, is suited as core material for courses in African jurisprudence, legal philosophy or political theory, and may be of interest to scholars who wish to engage with African thought about the making, interpretation and enforcement of law.
Features
#c 1. Jurisprudence in an African context: An introduction
Part I Theories of law
#c 2. What is law (1): Positivism and traditional African societies
#c 3. What is law (2): Natural law theory and Apartheid
#c 4. How should judges adjudicate in an African constitutional democracy?
#c 5. How, if at all, can legal interpretation be objective? Legal Realism, Postmodernism and Critical Legal Studies
#c 6. Critical race theory
#c 7. Feminist legal theory
Part II Theories of justice
#c 8. What is a just distribution of resources?
#c 9. Who has duties flowing from justice?
#c 10. Whom do rights protect?
#c 11. How do we rectify past injustices?
#c 12. Why punish the guilty? #c 13. Concluding remarks about key philosophical distinctions