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Books > Law > Jurisprudence & general issues > Foundations of law
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Ubuntu - An African jurisprudence (Paperback)
Loot Price: R464
Discovery Miles 4 640
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Ubuntu - An African jurisprudence (Paperback)
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List price R550
Loot Price R464
Discovery Miles 4 640
You Save R86 (16%)
Expected to ship within 4 - 8 working days
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Ubuntu: An African Jurisprudence examines how and why South African
courts and law-makers have been using the concept of ubuntu over
the last thirty years, reflecting the views of judges and scholars,
and above all proclaiming the importance of this new idea for South
African legal thinking. Although ubuntu is the product of relations
in and between the close-knit groups of a precolonial society, its
basic aims - social harmony and caring for others - give it an
inherently inclusive scope. This principle is therefore quite
capable of embracing all those who constitute the heterogeneous
populations of modern states. Included in this work are discussions
of two traditional institutions that provide model settings for the
realisation of ubuntu: imbizo, national gatherings consulted by
traditional rulers to decide matters of general concern, and
indaba, a typically African process of making decisions based on
the consensus of the group. Courts and law-makers have used imbizo
to give effect to the constitutional requirement of participatory
democracy, and indaba to suggest an alternative method of
decision-making to systems of majority voting. Ubuntu offers
something extraordinarily valuable to South Africa and, in fact, to
the wider world. Its emphasis on our responsibility for the welfare
of our fellow beings acts as a timely antidote not only to the
typically rationalist, disinterested system of justice in Western
law, but also to the sense of anomie so prevalent in today's
society.
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