By Oche Onazi (auth.), Oche Onazi (eds.)
The ebook is a suite of essays, which objective to situate African criminal idea within the context of the myriad of up to date international demanding situations; from the superiority of battle to the distress of poverty and ailment to the crises of our environment. except being difficulties that experience an indelible African mark on them, a typical subject that runs through the essays during this e-book is that African criminal concept has been excluded, under-explored or under-theorised within the look for ideas to such modern difficulties. The essays make a modest try to opposite this development. The members examine and introduce readers to the foremost concerns, questions, strategies, impulses and difficulties that underpin the assumption of African criminal concept. They define the aptitude provided through African criminal conception and open up its key thoughts and impulses for serious scrutiny. this can be performed in an effort to enhance a greater knowing of the level to which African felony idea can give a contribution to discourses trying to handle a few of the demanding situations that confront African and non-African societies alike.
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Additional resources for African Legal Theory and Contemporary Problems: Critical Essays
Example text
O. Elias, ‘African Law’, in A. Larson and C. W. ), Sovereignty within the Law (1965), at 220, 222. Just as he dedicated his life to developing African customary law, he would spend many years in such august international institutions as the United Nations, the International Law Commission and the International Court of Justice to break the Manichaeism surrounding General Assembly resolutions and declarations and customary law as sources of law-making in the international community as a means to furthering Third World nations’ emancipatory projects.
These leading actors, however, thrive with a supporting cast – a ‘vagabond population’ – which instrumentally leads to the Foucauldian subjectification of the vagabond population as the ‘uncivilized’ or ‘marginalized’ or ‘minority’ (Rabinow 1984, pp. 3–29). It is possible to argue that a universal narrative of ‘culture’ becomes of a form of discipline. Indeed, this has been the critic of liberalism which, as it were, emphasized the universality of 2 On ‘African’ Legal Theory: A Possibility, an Impossibility or Mere Conundrum?
Rather, the historical project I have in mind seeks to explore, through a contextual re- (and de)construction of Elias’s leading texts, the relationship between the rise of legal thought in Africa and political projects of unity, domination, and reform in cross-cultural settings. The general relationship between the appropriation and reinvention of law from the ‘centre’ of the world system in the ‘periphery’ is usually all we have by way of a conceptual vocabulary to think about law in terms of its development in Africa; we lack ‘thicker’ analytical and methodological devices to identify local institutional designs and native legal creativity.