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Author: Nyoko Muvangua
Publisher: Fordham Univ Press
Published: 2012
Total Pages: 485
ISBN-13: 0823233820
DOWNLOAD EBOOKThis book brings together the uBuntu jurisprudence of South Africa, as well as the most cutting-edge critical essays about South African jurisprudence on uBuntu. Can indigenous values be rendered compatible with a modern legal system? This book raises some of the most pressing questions in cultural, political, and legal theory.
Author: Bennett Tom
Publisher: Juta Limited
Published: 2018-04-30
Total Pages: 226
ISBN-13: 9781485126713
DOWNLOAD EBOOKUbuntu: An African Jurisprudence examines how and why South African courts and law-makers have been using the concept of ubuntu over the last thirty years, reflecting the views of judges and scholars, and above all proclaiming the importance of this new idea for South African legal thinking. Although ubuntu is the product of relations in and between the close-knit groups of a precolonial society, its basic aims - social harmony and caring for others - give it an inherently inclusive scope. This principle is therefore quite capable of embracing all those who constitute the heterogeneous populations of modern states. Included in this work are discussions of two traditional institutions that provide model settings for the realisation of ubuntu: imbizo, national gatherings consulted by traditional rulers to decide matters of general concern, and indaba, a typically African process of making decisions based on the consensus of the group. Courts and law-makers have used imbizo to give effect to the constitutional requirement of participatory democracy, and indaba to suggest an alternative method of decisionmaking to systems of majority voting. Ubuntu offers something extraordinarily valuable to South Africa and, in fact, to the wider world. Its emphasis on our responsibility for the welfare of our fellow beings acts as a timely antidote not only to the typically rationalist, disinterested system of justice in Western law, but also to the sense of anomie so prevalent in today's society.
Author: Christian B. N. Gade
Publisher: Lexington Books
Published: 2017-04-18
Total Pages: 121
ISBN-13: 1498512267
DOWNLOAD EBOOKMany have argued that ubuntu was a formative influence on the post-apartheid Truth and Reconciliation Commission (TRC), South Africa’s famous transitional justice mechanism. A Discourse on African Philosophy: A New Perspective on Ubuntu and Transitional Justice in South Africa challenges and contextualizes this view in a way that not only provides new findings and reflections on ubuntu and the TRC, but also contributes to the field of African philosophy. One of Christian B. N. Gade’s key findings, founded on qualitative interviews in South Africa, is that some former TRC commissioners and committee members question the importance of ubuntu in the TRC process. Another is that there are several differing and historically developing interpretations of ubuntu, some of which have evident political implications and reflect non-factual and creative uses of history. Thus ubuntu is not a shared cultural heritage, in the ethnophilosophical sense of a static property characterizing a group. In fact, throughout this book Gade argues that the ethnophilosophical approach to African philosophy as a static group property is highly problematic. Gade’s research presents an alternative collective discourse on African philosophy (“collective” in the sense that it does not focus on any single individual in particular) that takes differences, historical developments, and social contexts seriously. This book will be of interest to scholars in African philosophy, transitional justice, politics and cultural heritage, and law in South Africa.
Author: Ndjodi Ndeunyema
Publisher: Pretoria University Law Press
Published: 2021-10-01
Total Pages: 291
ISBN-13:
DOWNLOAD EBOOKThis book argues for the existence of a court enforceable human right to water that is implied from the right to life in Article 6 of the Namibian Constitution. The book builds this argument by using tools of constitutional interpretation and with the aid of comparative materials. As such, the African value of ubuntu is invoked. Ubuntu – which is legally developed through its four key principles of community, interdependence, dignity and solidarity – is anchored in a novel approach to Namibian constitutional interpretation that is conceptualised as ‘re-invigorative constitutionalism’. The book advances the ‘AQuA’ (adequacy – quality – accessibility) content of water and articulates the correlative duties within the context of the respect – protect – fulfil trilogy, which are duties imposed upon the Namibian state as the primary duty bearer for a right to water. These duties include irreducible essential content duties that are argued to be immediate when compared to general obligations. In giving substance to duties that flow from a right to water, international law interpretative resources are also relied upon, including General Comment No 15 by the United Nations Committee on Social, Economic and Cultural Rights, the African Commission’s Principles and Guidelines on Social and Economic Rights, and the World Health Organisation’s Drinking-water Quality Guidelines. Moreover, the book addresses various justiciability concerns that may arise, arguing that Namibian courts are institutionally competent and legitimate in enforcing right to water claims through the application of the bounded deliberation model. Additionally, because the Principles of State Policy in Article 95 of the Namibian Constitution are rendered court unenforceable by Article 101, the argument is made that this does not undermine the claim that a right to water, anchored in the right to life, can be enforced through the courts. - Dr Ndjodi Ndeunyema Modern Law Review Early Career Research Fellow, University of Oxford.
Author: Jeanmarie Fenrich
Publisher: Cambridge University Press
Published: 2011-07-18
Total Pages: 563
ISBN-13: 1139497820
DOWNLOAD EBOOKThis book promotes discussion and understanding of customary law and explores its continued relevance in sub-Saharan Africa. It considers the characteristics of customary law and efforts to ascertain and codify customary law, and how this body of law differs in content, form and status from legislation and common law.
Author: Mark S. Kende
Publisher: Cambridge University Press
Published: 2009-03-02
Total Pages: 336
ISBN-13: 0521879043
DOWNLOAD EBOOKThis book examines the South African Constitutional Court to determine how it has functioned during the nation's transition.
Author: Mukuni, Joseph
Publisher: IGI Global
Published: 2021-05-28
Total Pages: 299
ISBN-13: 1799879496
DOWNLOAD EBOOKGiven the importance of cross-cultural competence, it is important that scholars from different parts of the world describe the conceptual frameworks underlying their cultures to provide people with knowledge helpful for understanding and navigating cultural barriers and promoting harmony and productivity in places of work. The literature is replete with reference points for understanding Eurocentric worldviews. Little has been written about non-Eurocentric worldviews with respect to the subject of socio-cultural harmony and interpersonal relations such as Ubuntu, Africa’s indigenous philosophy and its relevancy. This philosophy teaches the importance of maintaining good human relations and sensitivity to the wellbeing of other people both as individuals and collectively. In the teachings of this African conceptual framework, the wellbeing of others is more important than that of self. Another important distinguishing feature of Ubuntu is that it places great value on communalism as opposed to individualism. The tenets of Ubuntu include human-centeredness, teamwork, collaboration, cooperation, respect for diversity of opinion, and joint consideration of problems. These tenets can be applied for intercultural competence and communications. Understanding Ubuntu for Enhancing Intercultural Communications sheds some light on Ubuntu, Africa’s unique philosophy, and explores how the knowledge of Ubuntu can help minimize cross-cultural communication barriers. Within this context, the chapters work to make readers aware of the existence of an African worldview, specifically Ubuntu, and its possible contribution to interpersonal communication. This book also shares the lived experiences of being born and raised in sub-Saharan Africa where Ubuntu is a way of life. This book is essential for businesses seeking to expand internationally and managers overseeing diverse workforces as well as business executives, government officials, public relations officers, academicians, researchers, and students including those studying African studies, world religions, international business, international relations, management, communication, and more.
Author: Otrude Nontobeko Moyo
Publisher: Springer Nature
Published: 2021-02-07
Total Pages: 234
ISBN-13: 3030597857
DOWNLOAD EBOOKThis book explores and discusses emerging perspectives of Ubuntu from the vantage point of “ordinary” people and connects it to human rights and decolonizing discourses. It engages a decolonizing perspective in writing about Ubuntu as an indigenous concept. The fore grounding argument is that one’s positionality speaks to particular interests that may continue to sustain oppressions instead of confronting and dismantling them. Therefore, a decolonial approach to writing indigenous experiences begins with transparency about the researcher’s own positionality. The emerging perspectives of this volume are contextual, highlighting the need for a critical reading for emerging, transformative and alternative visions in human relations and social structures.
Author: Mogobe B. Ramose
Publisher:
Published: 1999
Total Pages: 228
ISBN-13:
DOWNLOAD EBOOKIn spite of decolonisation, the philosophical character of European standpoint on colonisation together with its corresponding practices remains unchanged in its relations with the erstwhile colonies. It is precisely this condition which calls for the need for the authentic liberation of Africa. This speaks of a two-fold exigency. One is that the colonised people's conceptions of reality, knowledge and truth should be released from slavery and dominance under the European epistemological paradigm. Without this essential first step there cannot evolve a common authentic and liberating universe of discourse. The second exigency is that the evolving common universe of discourse must take into account the rational demands of justice to the colonised arising from the unjust wars of conquest that resulted in colonial disseizing of territory as well as the enslavement of the colonised. These rational demands of justice are specifically the restoration of territory to its indigenous rightful owners and reparations to them. This two fold exigency is the indisplensable neccessity for the authentic liberation of Africa, and indeed, all the colonised people of the world.
Author: Niq Mhlongo
Publisher: Jonathan Ball Publishers
Published: 2019-09-12
Total Pages: 216
ISBN-13: 186842975X
DOWNLOAD EBOOK'The real significance of this book lies in the fact that it tells us more about the everyday life of black South Africans. It delves into the essence of black family life and the secret anguish of family members who often battle to cope.' – Niq Mhlongo A secret torment for some, a proud responsibility for others, 'black tax' is a daily reality for thousands of black South Africans. In this thought-provoking and moving anthology, a provocative range of voices share their deeply personal stories. With the majority of black South Africans still living in poverty today, many black middle-class households are connected to working-class or jobless homes. Some believe supporting family members is an undeniable part of African culture and question whether it should even be labelled as a kind of tax. Others point to the financial pressure it places on black students and professionals, who, as a consequence, struggle to build their own wealth. Many feel they are taking over what is essentially a government responsibility. The contributions also investigate the historical roots of black tax, the concept of the black family and the black middle class. In giving voice to so many different perspectives, Black Tax hopes to start a dialogue on this widespread social phenomenon.
