African Legal Theory and Contemporary Problems: Critical by Oche Onazi (auth.), Oche Onazi (eds.)

By Oche Onazi (auth.), Oche Onazi (eds.)

The booklet is a suite of essays, which target to situate African felony conception within the context of the myriad of latest international demanding situations; from the superiority of conflict to the distress of poverty and affliction to the crises of our surroundings. except being difficulties that experience an indelible African mark on them, a standard subject that runs during the essays during this e-book is that African felony concept has been excluded, under-explored or under-theorised within the look for recommendations to such modern difficulties. The essays make a modest try and opposite this development. The individuals examine and introduce readers to the major concerns, questions, ideas, impulses and difficulties that underpin the belief of African felony thought. They define the aptitude provided via African criminal thought and open up its key thoughts and impulses for severe scrutiny. this can be performed so one can strengthen a greater figuring out of the level to which African felony thought can give a contribution to discourses trying to tackle the various demanding situations that confront African and non-African societies alike.

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There is no transmogrification. There is no appropriation of one over the other. 4 Convolution, Socio-political Environments, Diversity of Influence With the three examples above, I have endeavoured to demonstrate in graphic terms the futility of a purist notion of African legal theory. The stories on anti-witchcraft laws and anti-homosexuality laws seek to demonstrate the internal contradictions that arise from monocultural reification of legal (or even moral) norms. The inconsistencies in the treatment of the same norms under a constitutional order on the one hand and a statutory setting on the other reveal the socio-political factors that may underwrite a legal framework.

I then turn to explicate the vicissitudes of Elias’s emancipatory ‘programme’ of African cultural liberation as elaborated in his seminal work The Nature of African Customary Law, making extensive references to his text in order to retrieve the politics of an African sociolegal consciousness in the making. 1 Out of Eden? 23 In the former colony, protectorate, and mandated territory of what was to become Nigeria, the bulk of the country was first administered by the Royal Niger Company under a charter granted to it in 1886.

E. Merry, Human Rights and Gender Violence: Translating International Law into Local Justice (2006). 34 M. 12 He remained acutely aware of the need to preserve indigenous customs and traditions, which in some cases would have significantly hampered efforts to assimilate. D. 13 Should we interpret his work and life, then, like so many of his contemporaries, as a ‘peripheral’ attempt to trace the influence of political and intellectual developments at the centre upon law at the periphery? What does he mean by ‘Africa’?

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