Comparative Law and Jurisprudence in Namibia

Functions, Methods and Perspectives from Selected Jurisdictions

Samuel Kwesi Amoo, Tapiwa Victor Warikandwa, Kennedy Kariseb

• Publisher: University of Namibia Press
• Year: 2025
• eBook ISBN: 9789994557431
• Edition: 0
• Topic: Law
• Subtopic: Law Theory & Practice
• Index: Law

Comparative law examines the differences and similarities between various countries' laws and legal systems across the world, such as common, civil and socialist laws. Its significance has grown dramatically in the current era of internationalism, populism, (economic) globalization, and democratization. Despite its relevance, Namibia lacks scholarly literature in comparative law. Comparative Law and Jurisprudence in Namibia provides in-depth understanding of the theoretical framework of different legal systems and of comparative law, and contextualizes its application for the Namibian context, particularly towards a unified legal system. It addresses topics such as comparative law's conceptual framework, the interplay between courts and comparative law, and comparative law praxis, or the practical application thereof. The chapters span across all levels of comparativism and promote a multidisciplinary approach to discourse including altering Namibian legal education. Futhermore the collection accelerates required legislative change in Namibia to guarantee a legal structure aligned with societal and constitutional imperatives in the twenty-first century.

Table of contents

• Front cover
• Title page
• Copyright
• Dedication
• Contents
• Foreword 1
• Foreword 2
• Preface
• Acknowledgements
• Abbreviations
• 1 Comparative law in the 21st century: an introduction
• 2 Comparative law: a theoretical framework
• 3 Tracing the early origins of comparative law
• 4 An overview of major legal systems of the world
• 5 Methodologies and techniques of comparative law
• 6 An overview of socialist law from the perspective of an African legal framework
• 7 Comparative law and the internationalisation of laws and legal systems
• 8 Relevance of African jurisprudential theories in comparative legal processes
• 9 The court system in Namibia: judicial cross-fertilisation and the courts
• 10 Liability in unjustified enrichment: a comparative overview of the Namibian, Continental European, English, Argentinean and Brazilian legal systems
• 11 Comparative law in Africa: an appraisal of the role of legal comparativism in the development of African law
• 12 Decolonial theory: a critical analysis of the ways in which legal transplant manifests coloniality – a comparative study of southern African and southern Asian states
• 13 Comparative law and the transformation of legal education in the 21st century: lessons for Namibia
• 14 African customary law and comparative law in contemporary Africa: a Namibian perspective
• 15 Comparing in the ascertainment of customary law: jurisprudential remarks
• 16 Comparative constitutional law: application of the Bill of Rights
• 17 Expropriation: a comparative study of the jurisprudence of Ghana, Namibia, South Africa and Zimbabwe
• 18 Bail jurisprudence of Ghana, Namibia, Zambia and South Africa
• 19 Jurisprudence of the right to trial within a reasonable time in Namibia and Zambia
• 20 Law on adultery: a comparative overview of seven jurisdictions
• 21 Secessionism or self-determination vs territorial sovereignty: a comparative analysis of legal arguments for secessionist movements in Namibia, Canada and Spain
• 22 Locus standi in Namibia: a serious impediment to social justice
• About the Editors
• About the Authors
• Index
• Back cover