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Jurisprudence in an African Context is devoted to the philosophy of law, in a way that engages earnestly with African thought and the African context. The text features primary texts by leading African intellectuals, putting these into critical dialogue with Western theorists. It addresses core jurisprudential topics, such as the nature and functions of law, the manner in which judges do and should interpret the law, theories of distributive justice, and accounts of civil and criminal justice. These abstract philosophical issues are considered in the context of salient controversies on the African continent, including: how cultural norms should influence judicial interpretation, who is obligated to fight poverty, how to effect land reform, whether to respond punitively to crimes against humanity, and, more broadly, how traditional values might inform contemporary thought and practice. Texts and topics are expounded and evaluated in a clear, accessible manner, and related questions guide readers to actively engage and respond. Jurisprudence in an African Context is suited as core material for courses in jurisprudence (including both legal and political philosophy), and may be of interest to scholars who wish to engage with African thought about the making, interpretation and enforcement of law.
This book investigates the intersection of traditional African thought and contemporary legal philosophy to determine how indigenous values can inform modern jurisprudence. Authors Oritsegbubemi Oyowe and Thaddeus Metz utilize a comparative framework, juxtaposing primary texts from prominent African intellectuals with established Western legal theories. By grounding abstract concepts in specific socio-political challenges, the authors argue for a more inclusive approach to legal interpretation and justice that reflects the realities of the African continent.
What You Will Find
Experts identify this work as a significant contribution to the diversification of legal philosophy curricula. Readers frequently note the clarity of the prose, which makes complex philosophical arguments accessible to students and scholars alike.
Page Count:
512
Publication Date:
2018-01-01
Publisher:
Oxford University Press
ISBN-10:
0199048495
ISBN-13:
9780199048496
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