Social and Legal Theory in the Age of De

(Re-)Envisioning Pan-African Jurisprudence in the 21st Century

Artwell Nhemachena, Victor Warikandwa, Artwell Nhemachena, Victor Warikandwa

• Publisher: Langaa RPCIG
• Year: 2018
• Print ISBN: 9789956550128
• eBook ISBN: 9789956550494
• Edition: 1
• Topic: Law
• Subtopic: Jurisprudence
• Index: Law

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.

Table of contents

• Cover
• Title page
• Copyright page
• About the Contributors
• Contents
• Foreword
• 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: The Case of the Haya in Tanzania
• 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 Rememory through African-authored Literary Arts
• 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 Specific 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: An Appraisal of the Broad-Based Black Economic Empowerment Amendment Act of 2013
• Chapter Twelve - Analysis of the Namibian Superior Courts’ Judgements on the Action for Adultery against a Third Party: The Implications on African Customary Laws and Jurisprudence
• Chapter Thirteen - Africa, Free Trade Jurisprudence and the Trade-Labour Linkage Proposals: A Critique of theT ripartite 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”
• Back cover