Language, Crime and Courts in Contemporary Africa and Beyond
Language, Crime and Courts in Contemporary Africa and Beyond

Author: Russell H. Kaschula

Publisher: African Sun Media

Published: 2023-09-08

Total Pages: 0

ISBN-13: 9781991260185

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The research represented in this volume, and in the series as a whole, is intended to provide critical analyses and findings that can underpin the development of language policies, practice guides and other resources that support a fair and accessible legal system. However, this will also require well-developed teaching and research programmes, so it is our intention that this volume will continue to support the growth of forensic linguistics in Southern African universities and nurture the next generation of scholars dedicated to forensic and legal linguistics. This aim will be supported by the newly formed African Association of Forensic and Legal Linguists (AAFLL), which will help to coordinate the study of forensic linguistics in Africa. This book series, Studies in Forensic and Legal Linguistics in Africa and Beyond, Volumes I, II, III and IV, continues to play an important role in bringing African forensic linguistic scholarship to a wider audience, while simultaneously promoting the field amongst academic and legal institutions in Africa.

Language, Crime and Courts in Contemporary Africa and Beyond
Language, Crime and Courts in Contemporary Africa and Beyond

Author: Russell H. Kaschula

Publisher: African Sun Media

Published: 2023-09-08

Total Pages: 273

ISBN-13: 1991260199

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The research represented in this volume, and in the series as a whole, is intended to provide critical analyses and findings that can underpin the development of language policies, practice guides and other resources that support a fair and accessible legal system. However, this will also require well-developed teaching and research programmes, so it is our intention that this volume will continue to support the growth of forensic linguistics in Southern African universities and nurture the next generation of scholars dedicated to forensic and legal linguistics. This aim will be supported by the newly formed African Association of Forensic and Legal Linguists (AAFLL), which will help to coordinate the study of forensic linguistics in Africa. This book series, Studies in Forensic and Legal Linguistics in Africa and Beyond, Volumes I, II, III and IV, continues to play an important role in bringing African forensic linguistic scholarship to a wider audience, while simultaneously promoting the field amongst academic and legal institutions in Africa.

Language and the Law
Language and the Law

Author: Monwabisi K. Ralarala

Publisher: African Sun Media

Published: 2022-06-14

Total Pages: 458

ISBN-13: 1991201834

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Language and the Law: Global Perspectives in Forensic Linguistics from Africa and beyond is the third volume in a series of books designed to contribute and respond to growing interest in forensic linguistics or language and the law on the African continent. Drawing mostly on contexts where traditional African laws and Western laws are practised side-by-side, and where there are discontinuities between local knowledge systems, belief systems and language practices on the one hand, and official languages of law discourse, conceptualisation and jurisprudence documentation on the other, the chapters in this volume problematise, among other issues, the mediation practices (or lack thereof) of language and legal processes, discourse strategies and complexities in (mis)interpretations in second language court contexts and the miscarriage of justice that these may entail.

New Frontiers in Forensic Linguistics
New Frontiers in Forensic Linguistics

Author: Monwabisi K. Ralarala

Publisher: AFRICAN SUN MeDIA

Published: 2019-07-22

Total Pages: 349

ISBN-13: 1928480179

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The field of forensic linguistics is a niche area that has not enjoyed much participation from the African continent. The theme of language and the law in this book is one that straddles two important aspects of the legal history of South Africa in particular, and how it has impacted on the country's legal and education systems. The declaration, by the United Nations, of 2019 as 'The International Year of Indigenous Languages' isopportune, not only for the launch of this book, but for what its research content tells us of the strides taken in ensuring access to justice for all citizens of the world in a language they understand. The contributions by authors in this book tell the story of many African citizens, and those hailing from beyond our borders, who straddle the challenges of linguistic and legal pluralism in courtrooms across their respective countries. It is our hope that the contributions made in this book will assist in ensuring human rights become a reality for global citizens where indigenous voices have not been heard; and that these citizens will be free to give their testimonies in a language of their choice, and that theymay be heard and understood.

Language and the Law
Language and the Law

Author: Monwabisi K. Ralarala

Publisher: African Sun Media

Published: 2022-06-14

Total Pages: 441

ISBN-13: 1991201826

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Language and the Law: Global Perspectives in Forensic Linguistics from Africa and beyond is the third volume in a series of books designed to contribute and respond to growing interest in forensic linguistics or language and the law on the African continent. Drawing mostly on contexts where traditional African laws and Western laws are practised side-by-side, and where there are discontinuities between local knowledge systems, belief systems and language practices on the one hand, and official languages of law discourse, conceptualisation and jurisprudence documentation on the other, the chapters in this volume problematise, among other issues, the mediation practices (or lack thereof) of language and legal processes, discourse strategies and complexities in (mis)interpretations in second language court contexts and the miscarriage of justice that these may entail.

Africa and the Backlash Against International Courts
Africa and the Backlash Against International Courts

Author: Peter Brett

Publisher: Bloomsbury Publishing

Published: 2020-07-23

Total Pages: 288

ISBN-13: 178699299X

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At the start of the twenty-first century the story of Africa's engagement with international law was one of marked commitment and meaningful contributions. Africa pioneered new areas of law and legal remedies, such as international criminal law and universal jurisdiction, and gave human rights jurisdiction to a number of new international courts. However, in recent years, African states have mobilised politically and collectively against the regional courts and the International Criminal Court, contesting these institutions' authority and legitimacy at national, regional and international levels. Africa and the Backlash Against International Courts provides the first comprehensive account of this important phenomenon, bringing together original fieldwork, empirical analysis and a critical overview of the diverse scholarship on both international and African regional courts. Moving beyond conventional explanations, Brett and Gissel use this remarkable research to show how the actions of African states should instead be seen as part of a growing desire for a more equal global order; a trend that not only has huge implications for Africa's international relations, but that could potentially change the entire practice of international law.

A Handbook on Legal Languages and the Quest for Linguistic Equality in South Africa and Beyond
A Handbook on Legal Languages and the Quest for Linguistic Equality in South Africa and Beyond

Author: Zakeera Docrat

Publisher: African Sun Media

Published: 2021-06-02

Total Pages: 324

ISBN-13: 1991201273

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A Handbook on Legal Languages and the Quest for Linguistic Equality in South Africa and Beyond is an interdisciplinary publication located in the discipline of forensic linguistics/ language and law. This handbook includes varying comparative African and global case studies on the use of language(s) in courtroom discourse and higher education institutions: Kenya; Morocco; Nigeria; Australia; Belgium Canada and India. These African and global case studies form the backdrop for the critique of the monolingual English language of record policy for South African courts, the core of this handbook, discussed in relation to case law and the beleaguered legal interpretation profession. This handbook argues that linguistic transformation and decolonisation of South Africa’s legal and higher education systems needs to be undertaken where legal practitioners are linguistically equipped to litigate in a bilingual/ multilingual courtroom that enables access to justice for the majority of African language speaking litigants, enforcing their constitutional language rights.

Africa's Role and Contribution to International Criminal Justice
Africa's Role and Contribution to International Criminal Justice

Author: Jeremy Sarkin

Publisher:

Published: 2020

Total Pages: 284

ISBN-13: 9781839700880

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This book explores a range of issues related to the development, application and enforcement of international criminal justice within Africa and on Africa. Written by experts from Africa, and adopting African perspectives, this book seeks to understand the scope and reach of these issues, nationally, regionally and globally. Africa's Role and Contribution to International Criminal Justice engages in theoretical and policy discourses on the substantive and procedural features of criminal law and justice in the African context. A range of topical issues are examined by the contributors, such as the ways in which African states have dealt with issues of universal jurisdiction and how victims are treated, as well as controversial questions concerning how courts function and should function in dealing with these issues. The ideas, themes, institutions, practices, concepts and patterns of convergence of criminal justice systems in Africa are also explored. This book aims to establish a greater understanding of international criminal justice and its relation to Africa, and beyond. Further, it seeks to expand the conversation beyond the narrow topics that are so commonly discussed when matters of African criminal justice are considered. PROF DR JEREMY SARKIN is Distinguished Visiting Professor of Law at Nova University of Lisbon (Portugal) and Research Fellow at the University of the Free State (South Africa). DR ELLAH T. M. SIANG'ANDU is Lecturer and Post-Doctoral Fellow at the University of Zambia and Research Fellow at the Southern African Institute for Policy and Research (SAIPAR).

Affective Justice
Affective Justice

Author: Kamari Maxine Clarke

Publisher: Duke University Press

Published: 2019-11-15

Total Pages: 212

ISBN-13: 1478007389

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Since its inception in 2001, the International Criminal Court (ICC) has been met with resistance by various African states and their leaders, who see the court as a new iteration of colonial violence and control. In Affective Justice Kamari Maxine Clarke explores the African Union's pushback against the ICC in order to theorize affect's role in shaping forms of justice in the contemporary period. Drawing on fieldwork in The Hague, the African Union in Addis Ababa, sites of postelection violence in Kenya, and Boko Haram's circuits in Northern Nigeria, Clarke formulates the concept of affective justice—an emotional response to competing interpretations of justice—to trace how affect becomes manifest in judicial practices. By detailing the effects of the ICC’s all-African indictments, she outlines how affective responses to these call into question the "objectivity" of the ICC’s mission to protect those victimized by violence and prosecute perpetrators of those crimes. In analyzing the effects of such cases, Clarke provides a fuller theorization of how people articulate what justice is and the mechanisms through which they do so.