Social and Legal Theory in the Age of Decoloniality: (Re-)Envisioning Pan-African Jurisprudence in the 21st Century by Artwell NhemachenaSocial and Legal Theory in the Age of Decoloniality: (Re-)Envisioning Pan-African Jurisprudence in the 21st Century by Artwell Nhemachena

Social and Legal Theory in the Age of Decoloniality: (Re-)Envisioning Pan-African Jurisprudence in…

EditorArtwell Nhemachena, Tapiwa Victor Warikandwa, Samuel K. Amoo

Paperback | June 7, 2018

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Right from the enslavement era through to the colonial and contemporary eras, Africans have been denied their human essence – portrayed as indistinct from animals or beasts for imperial burdens, Africans have been historically dispossessed and exploited. Postulating the theory of global jurisprudential apartheid, the book accounts for biases in various legal systems, norms, values and conventions that bind Africans while affording impunity to Western states. Drawing on contemporary notions of animism, transhumanism, posthumanism and science and technology studies, the book critically interrogates the possibility of a jurisprudence of anticipation which is attentive to the emergent New World Order that engineers ‘human beings to become nonhumans’ while ‘nonhumans become humans’. Connecting discourses on decoloniality with jurisprudence in the areas of family law, environment, indigenisation, property, migration, constitutionalism, employment and labour law, commercial law and Ubuntu, the book also juggles with emergent issues around Earth Jurisprudence, ecocentrism, wild law, rights of nature, Earth Court and Earth Tribunal. Arguing for decoloniality that attends to global jurisprudential apartheid., this tome is handy for legal scholars and practitioners, social scientists, civil society organisations, policy makers and researchers interested in transformation, decoloniality and Pan-Africanism.

Artwell Nhemachena holds a PhD in Social Anthropology from the University of Cape Town. He lectures in Sociology at the University of Namibia.Tapiwa Victor Warikandwa holds a PhD in Laws from the University of Fort Hare in South Africa. He is a Senior Lecturer in the Faculty of Law at the University of Namibia.Samuel K. Amoo is an Advo...
Title:Social and Legal Theory in the Age of Decoloniality: (Re-)Envisioning Pan-African Jurisprudence in…Format:PaperbackProduct dimensions:508 pages, 9 × 6 × 1.02 inShipping dimensions:9 × 6 × 1.02 inPublished:June 7, 2018Publisher:African Books CollectiveLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:9956550124

ISBN - 13:9789956550128


Table of Contents

Chapter One: Identity, Originality and Hybridity in Jurisprudence and Social Theory: An Introduction
Chapter Two: Beyond Eurocentric Human Rights Jurisprudence and Towards Animality? Humanoid Robots and the Decomposition of African Humanism and Personhood
Chapter Three: Colonialism, the Theft of History and the Quest for Justice for Africa
Chapter Four: Revisiting Traditional African Land Ownership Practices Using Indigenous Knowledge Lenses
Chapter Five: The Man, Human Rights, Transitional Justice and African Jurisprudence in the Twenty-First Century
Chapter Six: Re-discoursing Jurisprudence for Africa in the 21st Century: Re-centring Africa’s Memory and Re-memory through African-authored Literary Art
Chapter Seven:The Environment, Mining and Western Interventionisms: Towards a Pan-Africanist Jurisprudential Model of Justice in Africa
Chapter Eight:Towards a Jurisprudential Theory of Migration, Foot-looseness and  Nimble-footedness: the New World Order or Pan-Africanism?
Chapter Nine: African Law in Comparative Law: A Case of Undermining African Jurisprudence and Promoting a New World Order Agenda?
Chapter Ten: The Jurisprudence of the Zimbabwean Judiciary on the Protection of the Right to Property with Special Reference to the Fast Track Land “Reform” Programme and Operation Murambatsvina
Chapter Eleven: Indigenisation Jurisprudence and the Renewed Fight Against “Fronting” to Advance Broad-Based Black Economic Empowerment in South Africa
Chapter Twelve: Analysis of the Namibian  Superior Courts’ Judgements on the Action for Adultery against a Third Party
Chapter Thirteen: Africa, Free Trade  Jurisprudence and the Trade-Labour Linkage Proposals: A Critique of the Tripartite African Free Trade Area Agreement
Chapter Fourteen: The Unhu/Ubuntu  Philosophy and Constitutional Jurisprudence in Zimbabwe: A Critical Appraisal of the Legitimacy of “Operation Restore Legacy”