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Legal Theory & Systems - uBuntu and the Law: African Ideals and Postapartheid Jurisprudence (Just Ideas)

Description

Book Synopsis: 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.

Details

Looking to deepen your understanding of uBuntu and its impact on law and justice? Look no further than "uBuntu and the Law: African Ideals and Postapartheid Jurisprudence" - the first comprehensive casePub of its kind. This groundbreaking book delves into the relationship between uBuntu and the legal system, presenting critical articles that shed light on its application in the Constitutional Court of South Africa.

While uBuntu may have originated in South Africa, its significance as a performative ethic extends far beyond its African roots. In fact, this casePub challenges the traditional notions of cultural diversity and human rights by exploring uBuntu as a value that calls for universal justification. The Constitutional Court's incorporation of competing ideals of law and justice has paved the way for groundbreaking ethical reasoning, with profound implications for post-apartheid constitutionalism and law on a broader scale.

"uBuntu and the Law" goes beyond being a mere theoretical exploration. It highlights how uBuntu, when embraced as an activist ethic of virtue and translated into law, enhances the inclusivity and equality within a modern legal system. This is particularly relevant for countries grappling with postcolonial challenges, emphasizing the necessity of redefining human rights within a global context that is not solely rooted in Western European ideals.

Are you ready to dive into the profound complexities of human rights, postcolonial constitutionalism, and the intricate relationship between law and justice? Don't miss out on this invaluable resource. Get your copy of "uBuntu and the Law: African Ideals and Postapartheid Jurisprudence" today and join the conversation.

Get your copy of "uBuntu and the Law" here.

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