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uBuntu and the Law : African Ideals and Postapartheid Jurisprudence.

By: Contributor(s): Material type: TextTextSeries: Just IdeasPublisher: US : Fordham University Press, 2012Copyright date: ©2012Edition: 1st edDescription: 1 online resource (483 pages)Content type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9780823269129
Subject(s): Genre/Form: Additional physical formats: Print version:: uBuntu and the LawDDC classification:
  • 349.68
LOC classification:
  • KTL440 -- .U28 2012eb
Online resources:
Contents:
Intro -- Introduction -- Legal Cases -- uBuntu, Restorative Justice, and the Constitutional Court -- uBuntu Under the Interim Constitution: Life, Death, and uBuntu -- Horizontality, Reconciliation, and uBuntu -- Amnesty, Reconciliation, and uBuntu -- uBuntu, Socioeconomic Rights, and Personhood -- uBuntu and Entitlement -- uBuntu and Key Aspects of Living: Customary Law -- uBuntu and the Right to Culture -- Articles on uBuntu -- Towards the Liberation and Revitalization of Customary Law -- and the Law in South Africa -- A Call for a Nuanced Constitutional Jurisprudence: -- South Africa, -- Dignity, and Reconciliation -- Doing Things with Values: The Case of -- Exploring -- Tentative Reflections -- Some Thoughts on the -- Jurisprudence -- of the Constitutional Court -- The Reemergence of -- A Critical Analysis -- African Customary Law in South Africa: -- The Many Faces of -- Notes -- Glossary.
Summary: This is the first comprehensive casePub to address the relationship of uBuntu to law. It also provides the most important critical articles on the use of uBuntu, both by the Constitutional Court and by other levels of the judiciary in South Africa. Although uBuntu is an ideal or value rooted in South Africa, its purchase as a performative ethic of the human goes beyond its roots in African languages. Indeed, this casePub helps break through some of the stale antinomies in the discussions of cultures and rights, because both the courts and the critical essays discuss uBuntu as not simply an indigenous or even African ideal but one that on its own terms calls for universal justification. uBuntu helps to expand the thinking of a modern legal systemGs commitment to universality by deepening discussions of what inclusion and equality actually mean in a postcolonial country. This book will be a crucial resource for anyone who is seriously grappling with human rights, postcolonial constitutionalism, and competing visions of the relations between law and justice.
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Intro -- Introduction -- Legal Cases -- uBuntu, Restorative Justice, and the Constitutional Court -- uBuntu Under the Interim Constitution: Life, Death, and uBuntu -- Horizontality, Reconciliation, and uBuntu -- Amnesty, Reconciliation, and uBuntu -- uBuntu, Socioeconomic Rights, and Personhood -- uBuntu and Entitlement -- uBuntu and Key Aspects of Living: Customary Law -- uBuntu and the Right to Culture -- Articles on uBuntu -- Towards the Liberation and Revitalization of Customary Law -- and the Law in South Africa -- A Call for a Nuanced Constitutional Jurisprudence: -- South Africa, -- Dignity, and Reconciliation -- Doing Things with Values: The Case of -- Exploring -- Tentative Reflections -- Some Thoughts on the -- Jurisprudence -- of the Constitutional Court -- The Reemergence of -- A Critical Analysis -- African Customary Law in South Africa: -- The Many Faces of -- Notes -- Glossary.

This is the first comprehensive casePub to address the relationship of uBuntu to law. It also provides the most important critical articles on the use of uBuntu, both by the Constitutional Court and by other levels of the judiciary in South Africa. Although uBuntu is an ideal or value rooted in South Africa, its purchase as a performative ethic of the human goes beyond its roots in African languages. Indeed, this casePub helps break through some of the stale antinomies in the discussions of cultures and rights, because both the courts and the critical essays discuss uBuntu as not simply an indigenous or even African ideal but one that on its own terms calls for universal justification. uBuntu helps to expand the thinking of a modern legal systemGs commitment to universality by deepening discussions of what inclusion and equality actually mean in a postcolonial country. This book will be a crucial resource for anyone who is seriously grappling with human rights, postcolonial constitutionalism, and competing visions of the relations between law and justice.

Description based on publisher supplied metadata and other sources.

Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.

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