In recent years the death penalty has sharply declined across Africa, but this trend belies actual public opinion and the retributivist sentiments held by political elites. This study explains capital punishment in Africa in terms of culturally specific notions of life and death as well as the colonial-era imposition of criminal and penal policy.
In recent years the death penalty has sharply declined across Africa, but this trend belies actual public opinion and the retributivist sentiments held by political elites. This study explains capital punishment in Africa in terms of culturally specific notions of life and death as well as the colonial-era imposition of criminal and penal policy.
This book is about an African philosophical examination of the death penalty debate. In a 21st century world where the notion of human right is primed, this book considers the question of the death penalty in two sub-Saharan African countries namely, Zimbabwe and Nigeria, notorious for their poor human right records. This edited collection comprises of 11 essays from Zimbabwean and Nigerian philosophers. As opinions continue to divide over the retention or abolition of the death penalty, these African philosophers attempt to localise this debate by raising the following questions: What is the meaning of life in the African place? Is it proper to take the human life under any guise at all? Who has the right to take the human life? Can the death penalty be justified on the bases of African cultures? Why should it be abolished? Why should it be retained? Indeed, this book is the first of its kind to engage the tumultuous issue of capital punishment in the postcolonial Africa and from the African philosophical point of view.
This book is about an African philosophical examination of the death penalty debate. In a 21st century world where the notion of human right is primed, this book considers the question of the death penalty in two sub-Saharan African countries namely, Zimbabwe and Nigeria, notorious for their poor human right records. This edited collection comprises of 11 essays from Zimbabwean and Nigerian philosophers. As opinions continue to divide over the retention or abolition of the death penalty, these African philosophers attempt to localise this debate by raising the following questions: What is the meaning of life in the African place? Is it proper to take the human life under any guise at all? Who has the right to take the human life? Can the death penalty be jutified on the bases of African cultures? Why should it be abolished? Why should it be retained? Indeed, this book is the first of its kind to engage the tumultuous issue of capital punishment in the postcolonial Africa and from the African philosophical point of view.
The Routledge History of Death Since 1800 looks at how death has been treated and dealt with in modern history – the history of the past 250 years – in a global context, through a mix of definite, often quantifiable changes and a complex, qualitative assessment of the subject. The book is divided into three parts, with the first considering major trends in death history and identifying widespread patterns of change and continuity in the material and cultural features of death since 1800. The second part turns to specifically regional experiences, and the third offers more specialized chapters on key topics in the modern history of death. Historical findings and debates feed directly into a current and prospective assessment of death, as many societies transition into patterns of ageing that will further alter the death experience and challenge modern reactions. Thus, a final chapter probes this topic, by way of introducing the links between historical experience and current trajectories, ensuring that the book gives the reader a framework for assessing the ongoing process, as well as an understanding of the past. Global in focus and linking death to a variety of major developments in modern global history, the volume is ideal for all those interested in the multifaceted history of how death is dealt with in different societies over time and who want access to the rich and growing historiography on the subject. Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Not just a method of crime control or individual punishment in Britain's African territories, the death penalty was an integral aspect of colonial networks of power and violence. Imperial Gallows analyses capital trials from Kenya, Nyasaland and the Gold Coast to explore the social tensions that fueled murder among colonised populations, and how colonial legal cultures and landscapes of political authority shaped sentencing and mercy. It demonstrates how ideas of race, ethnicity, gender and 'civilization' could both spare and condemn Africans convicted of murder in colonial courts, and also how Africans could either appropriate or resist such colonial legal discourses in their trials and petitions. In this book, Stacey Hynd follows the whole process of capital punishment from the identification of a murder victim to trial and conviction, through the process of mercy and sentencing onto death row and execution. The scandals that erupted over the death penalty, from botched executions and moral panics over ritual murder, to the hanging of anti-colonial rebels for 'terrorist' and emergency offences, provide significant insights into the shifting moral and political economies of colonial violence. This monograph contextualises the death penalty within the wider penal systems and coercive networks of British colonial Africa to highlight the shifting targets of the imperial gallows against rebels, robbers or domestic murderers. Imperial Gallows demonstrates that while hangings were key elements of colonial iconography in British Africa, symbolically loaded events that demonstrated imperial power and authority, they also reveal the limits of that power.
Celebrating the 50th Anniversary of the Oxford Centre for Criminology, this edited collection of essays seeks to explore the changing contours of criminal justice over the past half century and to consider possible shifts over the next few decades.The question of how social science disciplines develop and change does not invite any easy answer, with the task made all the more difficult given the highly politicised nature of some subjects and the volatile, evolving status of its institutions and practices. A case in point is criminal justice: at once fairly parochial, much criminal justice scholarship is now global in its reach and subject areas that are now accepted as central to its study - victims, restorative justice, security, privatization, terrorism, citizenship and migration (to name just a few) - were topics unknown to the discipline half a century ago. Indeed, most criminologists would have once stoutly denied that they had anything to do with it. Likewise, some central topics of past criminological attention, like probation, have largely receded from academic attention and some central criminal justice institutions, like Borstal and corporal punishment, have, at least in Europe, been abolished. Although the rapidity and radical nature of this change make it quite impossible to predict what criminal justice will look like in fifty years' time, reflection on such developments may assist in understanding how it arrived at its current form and hint at what the future holds.The contributors to this volume have been invited to reflect on the impact Oxford criminology has had on the discipline, providing a unique and critical discussion about the current state of criminal justice around the world and the origins and future implications of contemporary practice. All are leading internationally-renowned criminologists whose work has defined and often re-defined our understanding of criminal justice policy and literature.
Comparative Capital Punishment offers a set of in-depth, critical and comparative contributions addressing death practices around the world. Despite the dramatic decline of the death penalty in the last half of the twentieth century, capital punishment remains in force in a substantial number of countries around the globe. This research handbook explores both the forces behind the stunning recent rejection of the death penalty, as well as the changing shape of capital practices where it is retained. The expert contributors address the social, political, economic, and cultural influences on both retention and abolition of the death penalty and consider the distinctive possibilities and pathways to worldwide abolition.
Virtually every constitutional order in the common law world contains a provision for executive clemency or pardon in criminal cases. This facility for legal mercy is not limited to a single place in modern legal systems, but is instead realized through various practices such as a law enforcement officer’s decision to arrest, a prosecutor’s decision to prosecute, and a judge’s decision to convict and sentence. Doubts about legal mercy in any form as unfair, unguided, or arbitrary are as ubiquitous as the exercise of mercy itself. This book presents a comparative analysis of the clemency and pardon power in the common law world. Andrew Novak compares the modern development, organization, and practice of constitutional and statutory schemes of clemency and pardon in the United Kingdom, United States, and Commonwealth jurisdictions. He asks whether the bureaucratization of the clemency power is in line with global trends, and explores how innovations in legislative involvement, judicial review, and executive consultation have made the mercy and pardon procedure more transparent. The book concludes with a discussion on the future of the clemency and pardon power given the decline of the death penalty in the Commonwealth and the rise of the modern institution of parole. As a work concerned with the practice of mercy in the common law world, this book will be of great interest to researchers and students of international and comparative criminal justice and international human rights law.
