uBuntu and the Law : African Ideals and Postapartheid Jurisprudence / ed. by Nyoko Muvangua, Drucilla Cornell.
Bekker, Thino, contributor.; Bohler-Müller, Narnia, contributor.; Cornell, Drucilla, contributor.; Cornell, Drucilla, editor.; Himonga, Chuma, contributor.; Kroeze, Irma J., contributor.; Marle, Karin van, contributor.; Mokgoro, Yvonne, contributor.; Muvangua, Nyoko, editor.; Sachs, Albie, contributor.
2022
Available Online

Linked e-resources

Linked Resource Online Access

Details

Title uBuntu and the Law : African Ideals and Postapartheid Jurisprudence / ed. by Nyoko Muvangua, Drucilla Cornell.
ISBN 9780823293469
DOI https://doi.org/10.1515/9780823293469
Published New York, NY : Fordham University Press, [2022]
Copyright ©2012
Language English
Language Note In English.
Description 1 online resource (494 p.)
Item Number 10.1515/9780823293469 doi
Dewey Decimal Classification 349.68
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, since both the courts and the critical essays discuss ubuntu as not simply an indigenous or even African ideal but one that is its own terms calls for universal justification. The efforts of the Constitutional Court to take seriously competing ideals of law and justice has led to original ethical reasoning, which has significant implications for post apartheid constitutionalism and law more generally. uBuntu, then, as it is addressed as an activist ethic of virtue and then translated into law, helps to expand the thinking of a modern legal system's commitment to universality by deepening discussions of what inclusion and equality actually mean in a postcolonial country. Since uBuntu claims to have universal purchase, its importance as a way of thinking about law and justice is not limited to South Africa but becomes important in any human rights discourse that is not limitedly rooted in Western European ideals. Thus 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.
Access Note Access limited to authorized users.
System Details Note Mode of access: Internet via World Wide Web.
Digital File Characteristics text file PDF
Source of Description Description based on online resource; title from PDF title page (publisher's Web site, viewed 03. Jan 2023)
Added Author Bekker, Thino, contributor.
Bohler-Müller, Narnia, contributor.
Cornell, Drucilla, contributor.
Cornell, Drucilla, editor.
Himonga, Chuma, contributor.
Kroeze, Irma J., contributor.
Marle, Karin van, contributor.
Mokgoro, Yvonne, contributor.
Muvangua, Nyoko, editor.
Sachs, Albie, contributor.
Series Just Ideas
In Fordham University Press Complete eBook-Package Pre-2014
Fordham University Press eBook-Package Backlist 2000-2013
Available in Other Form print 9780823233823
Linked Resources Online Access
Record Appears in Online Resources > Ebooks
All Resources
Frontmatter
Contents
Preface
Acknowledgments
Introduction: The Re-Cognition of uBuntu
PART I 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
PART II Articles on uBuntu
Towards the Liberation and Revitalization of Customary Law
uBuntu and the Law in South Africa
A Call for a Nuanced Constitutional Jurisprudence: South Africa, uBuntu, Dignity, and Reconciliation
Doing Things with Values: The Case of uBuntu
Exploring uBuntu: Tentative Reflections
Some Thoughts on the uBuntu Jurisprudence of the Constitutional Court
The Reemergence of uBuntu: A Critical Analysis
African Customary Law in South Africa: The Many Faces of Bhe v. Magistrate Khayelitsha
Notes
Glossary
Index

Browse Subjects

Show more subjects...

Statistics

from
to
Export