scholarly journals Colonial Legal Reasoning in the Post-Colonial African State: A Critique and a Defense of the Argument from African Metaphysical Epistemology

2016 ◽  
Vol 7 (2) ◽  
pp. 11-39
Author(s):  
R O Badru ◽  
T R Eegunlusi
Keyword(s):  
Critical Analysis ◽  
Justice System ◽  
African State ◽  
Legal Reasoning ◽  
Scientific Objectivity ◽  
Post Colonial ◽  
Colonial Legacy ◽  
African Context ◽  
Legal Epistemology

This article focuses on legal reasoning and legal epistemology within the African context. It examines the system of legal justice in post-colonial Africa and submits that because of the colonial legacy, post-colonial African legal reasoning is methodologically founded on empiricism and positivism. It avers that despite its merit of scientific objectivity, such legal reasoning is largely incapable of addressing offences committed through the manipulation of metaphysical realities or other forms of covert criminalities and wrongdoing. Consequently, the article proposes that the methodology of African metaphysical epistemology be adopted to complement the colonial methodology of legal reasoning in Africa, as it has the advantageous result of helping in the search for truth concerning such offences, thereby promoting the delivery of effective legal justice, and thus contributing significantly to the development of a balanced and reliable justice system in contemporary African societies. The methods of critical analysis, reflective argumentation and oral interview were adopted to pursue the goals of the study. KeywordsAfrica, Argument, Legal Epistemology, Legal Reasoning, Metaphysics  

scholarly journals Myths of restorative features in the Japanese justice system and society: the role of apology, compensation and confession, and application of reintegrative shaming

2017 ◽  
Author(s):  
Masahiro Suzuki ◽  
Akinori Otani
Keyword(s):  
Restorative Justice ◽  
Rapid Growth ◽  
Critical Analysis ◽  
Justice System ◽  
Reintegrative Shaming

Restorative justice (RJ) has experienced rapid growth. Along with its development, myths about RJ have emerged. Although several scholars have challenged these, two myths about restorative features in the Japanese justice system and society—(1) the role of apology, compensation and confession; and (2) the application of reintegrative shaming—arguably remain pervasive. In this paper, we aim to advance a critical analysis of these two ostensibly restorative features of the Japanese justice system and society. We argue that the reality is more nuanced. We conclude by analysing why these myths have emerged and what functions they have performed.

scholarly journals The Concept of Labour in South African Law

Fundamina ◽  
2020 ◽  
pp. 42-90
Author(s):  
LN Maqutu
Keyword(s):  
South Africa ◽  
South African ◽  
Theoretical Perspective ◽  
Legal Reasoning ◽  
Labour Law ◽  
Post Colonial ◽  
Legal Provisions ◽  
Industrial Mining ◽  
Necessary Evil ◽  
Mobility Mining

The attitude of European invaders toward the African people they encountered during the colonial conquest of South Africa has been crucial in the formulation of law. This contribution undertakes a contrapuntal reading of historic laws pertinent to notions of labour and its regulation, in order to reveal the import of its orientation to the system devised. The discourse on Africans and the manner of their utilisation as a source of labour are assessed from the text of legal provisions of the emergent Cape Colony and the later period of industrial mining in the Zuid-Afrikaansche Republiek. From a post-colonial, theoretical perspective, the exploration expands the latitude of labour law to incorporate property, mobility, mining and other subsets of law. A recount of these early laws reveals that the forcible labouring of Africans has been vital in the development of colonial settlements and enterprise endeavours. The supposed worthwhile modernisation of South Africa has been largely accomplished through the cruelty imposed on Africans. Yet normalised accounts advance concrete separations, (white) leadership alongside legitimised African servitude. Fidelity to that paradigm of thought demands an either-or response to historical events (either it was good – a necessary evil – or it was bad), without making room for nuanced deliberation. It presumes a capacity to escape colonial manipulation when interrogating its misdeeds. However, the formation of that type of thought itself is flawed, and has failed to create the certitudes professed. Since the founding mythos upon which legal reasoning has been assembled has rested on the diminution of Africans, continued fidelity to the accumulated arrangements of labour and its control is disturbed by the appraisal in this contribution. The process avoids validating the simplistic legitimation of labour norms by the controlled insertion of Africans into colonised spaces – a narrow way of thinking that encourages the belief that solutions can be found in according Africans access to the spoils of conquest.

Persistence in changes: on the true causes of the irresistible attraction of the constitutions of exotic countries: Book review: The Oxford Handbook of Caribbean Constitutions / ed. by R.Albert, D.O’Brien, S.Wheatle. Oxford: Oxford University Press, 2020

2021 ◽  
Vol 30 (1) ◽  
pp. 128-156
Author(s):  
Andrey Medushevsky
Keyword(s):  
Caribbean Region ◽  
Constitutional Amendments ◽  
Post Colonial ◽  
Legal Development ◽  
Colonial Legacy ◽  
Legal Traditions ◽  
Collective Work ◽  
Social Difficulties ◽  
Administrative Governance ◽  
The Impact

In the great international literature on comparative constitutional law, main theoretical observations and constructions normally been made on the ground of principle Western models interpretation. That is quite natural because the experience of established democracies in their historical and political implications formed the basis and resource of inspiration for many new nations looking forward to create the similar forms of constitutional government in spite of various cultural and social difficulties. But this approach substitute the problem by its ideal solution sometimes ignoring the whole bulk of emotions, hesitations, exaggerated hops, disappointments and interests, which are represented in regions and countries of so-called “periphery zone” of legal development acutely pressed to search their own strategy of constitutional modernization in quite different cultural and political context. This problem becomes the central point in the monumental work under review – “The Oxford handbook of Caribbean Constitutions”. The book providing a solid ground for the complex academic deliberation of one of such regions – a very specific group of countries, which formerly were part of the great European colonial empires, recently proclaimed their independence and stay in a permanent process of constitutional self-determination trying to find their proper way in legal globalization. Carefully summarizing the materials and ideas of this collective work, the author of this review article discusses some general conceptual items of this type of constitutionalism: the role of common culture and history in pre-colonial, colonial and post-colonial legal development; the impact of “colonial legacy” in formation of post-independence constitutionalism of respective countries. He reconsider the place of indigenous forms and imported imperial constitutional design in the establishment of the new constitutionalism and administrative governance; the specific trend to hybridization of different legal traditions, norms and institutes in process of their evolution and selection through constitutional amendments, constitutional jurisprudence and projects of reforms. In concluding part of this article the author summing up his vision of continuity and ruptures in legal development balance of Caribbean region in comparison with Post-Soviet region’s current constitutional transformation.

Critical analysis of laws and policies for the prevention of petroleum pipeline vandalization in Nigeria

2021 ◽  
Vol 23 (4) ◽  
pp. 305-320
Author(s):  
Edward O. Okumagba
Keyword(s):  
Critical Analysis ◽  
Justice System ◽  
Critical Assessment ◽  
X Rays ◽  
Life Imprisonment ◽  
Production And Distribution ◽  
The Face ◽  
Laws And Policies ◽  
Legal Frameworks ◽  
Source Materials

The loss of an estimated $4.5 billion in 2020 by Nigeria to petroleum pipeline vandalism and crude oil theft has necessitated a critical assessment of the legal frameworks for the prevention of petroleum pipeline vandalism in Nigeria. This paper utilizes source materials relating to the title by examining the impacts of existing legal frameworks for the prevention of petroleum pipeline vandalization in Nigeria. It x-rays amongst others the provisions of sections 2 and 7 of the Petroleum Production and Distribution (Anti-Sabotage) Act and Miscellaneous Offences Act which imposes the death penalty and life imprisonment with the aim of deterring offenders without creating a court to try offenders. It reveals that in the face of such stringent sanctions, the activities of petroleum pipeline vandalism have continued unabated albeit a thriving business that is likely to arm the Nigerian economy in COVID-19 pandemic era. In addition, with an already perceived “compromised” criminal justice system, the paper concludes by advocating for change in policy strategy that will include the creation of a special court by amending existing legal frameworks to try offenders of the activities of petroleum pipeline vandalization.

Co-constituting Fijian identity: the role of constitutions in Fijian national identity

2018 ◽  
Author(s):  
Christopher Mudaliar
Keyword(s):  
National Identity ◽  
Electoral System ◽  
British Colonialism ◽  
Post Colonial ◽  
Colonial Legacy ◽  
Island States ◽  
National Symbols ◽  
Insight Into

This chapter focuses on the role that constitutions play in national identity, particularly in states that are recently independent and constrained by a colonial legacy. It uses Fiji as a case study, exploring how British colonialism influenced conceptions of Fijian national identity in the constitutional texts of 1970, 1990 and 1997. The chapter explores the indigenous ethno-nationalist ideals that underpinned these constitutions, which led to the privileging of indigenous Fijian identity within the wider national identity. However, in 2013, Prime Minister Frank Bainimarama introduced a new constitution which shifted away from previous ethno-nationalist underpinnings towards a more inclusive national identity through the promotion of a civic nationalist agenda. In doing so, Bainimarama’s goal of reducing ethnic conflict has seen a constitutional re-imagining of Fijian identity, which includes the introduction of new national symbols, and a new electoral system, alongside equal citizenry clauses within the Constitution. This study offers a unique insight into power and identity within post-colonial island states.

Prospects and Options for Sustainable and Inclusive Crowdfunding in African Cities

2018 ◽  
pp. 211-231
Author(s):  
Innocent Chirisa ◽  
Liaison Mukarwi ◽  
Abraham Rajab Matamanda
Keyword(s):  
Sustainable Development ◽  
Content Analysis ◽  
Literature Review ◽  
Critical Analysis ◽  
Thematic Content Analysis ◽  
African Cities ◽  
Colonial Legacy ◽  
Self Worth ◽  
Global North ◽  
Document Review

The utility of crowdfunding in promoting sustainable development is beyond doubt due to its popularity in the Global North. The application of this concept in the Global South, especially in Africa, is ill-understood and questionable considering the high levels of corruption, poverty, and poor governance. Applying the concept of crowdfunding in Africa then becomes problematic. The chapter aims to undertake a critical analysis of the concept of crowdfunding and its sustainability in advancing the success of urban-based projects in African cities. What can (or should) be the defining pillars for sustainable and inclusive crowdfunding? What are the known (or even unknown) limits and prospects to initiatives like crowdfunding? What are the answers to the colonial legacy derived scepticisms about self-worth and context? What options do the African cities have? The chapter engages a mix of methodologies including literature review, document review, and case studies. Thematic content analysis is applied in building up the discourse. From the study, five critical observations emerge.

Mapping a Global Phenomenon

2019 ◽  
pp. 39-86
Author(s):  
Janny H.C. Leung
Keyword(s):  
Language Policy ◽  
Sociopolitical Development ◽  
Data Set ◽  
Detailed History ◽  
Post Colonial ◽  
Contemporary World ◽  
Colonial Legacy ◽  
The World ◽  
History Of ◽  
Global Data

Having explored how official multilingualism has emerged as a product of historical and sociopolitical development, this chapter moves on to survey the extent of the phenomenon in the contemporary world. The data set offers a panoramic view of jurisdictions around the world that are officially bilingual or multilingual. Although there is not enough room to provide a detailed history of any particular jurisdiction, the chapter annotates the data and makes a number of generalized observations. The global data provide a sense of scale that speaks for itself and allow one to observe patterns and trends that help make sense of the phenomenon. Although linguistic demographics and the ideology of linguistic nationalism have a role to play, they are insufficient to explain the data. Official multilingualism is largely a post-colonial legacy, but there is also an emergent trend that official language policy responds to market forces under late capitalism.

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