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Marginalized Communities and Access to Justice is a comparative
study, by leading researchers in the field of law and justice, of
the imperatives and constraints of access to justice among a number
of marginalized communities. A central feature of the rule of law
is the equality of all before the law. As part of this equality,
all persons have the right to the protection of their rights by the
state, particularly the judiciary. Therefore equal access to the
courts and other organs of the state concerned with the enforcement
of the law is central. These studies - undertaken by
internationally renowned scholars and practitioners - examine the
role of courts and similar bodies in administering the laws that
pertain to the entitlements of marginalized communities, and
address individuals' and organisations' access to institutions of
justice: primarily, but not exclusively, courts. They raise broad
questions about the commitment of the state to law and human rights
as the principal framework for policy and executive authority, as
well as the impetus to law reform through litigation. Offering
insights into the difficulties of enforcing, and indeed of the will
to enforce, the law, this book thus engages fundamental questions
about value of engagement with the formal legal system for
marginalized communities.
Marginalized Communities and Access to Justice is a comparative
study, by leading researchers in the field of law and justice, of
the imperatives and constraints of access to justice among a number
of marginalized communities. A central feature of the rule of law
is the equality of all before the law. As part of this equality,
all persons have the right to the protection of their rights by the
state, particularly the judiciary. Therefore equal access to the
courts and other organs of the state concerned with the enforcement
of the law is central. These studies - undertaken by
internationally renowned scholars and practitioners - examine the
role of courts and similar bodies in administering the laws that
pertain to the entitlements of marginalized communities, and
address individuals' and organisations' access to institutions of
justice: primarily, but not exclusively, courts. They raise broad
questions about the commitment of the state to law and human rights
as the principal framework for policy and executive authority, as
well as the impetus to law reform through litigation. Offering
insights into the difficulties of enforcing, and indeed of the will
to enforce, the law, this book thus engages fundamental questions
about value of engagement with the formal legal system for
marginalized communities.
First published in 1998, this book is an exposition of the law of
defamation as it applies in those countries (excluding South
Africa). It discusses or refers to hundreds of cases from those
jurisdictions, as well as many important precedents from England,
analysing the law and discussing how far the courts have developed
their own approaches to the law, and to what extent the law
reflects the values of traditional society and customary law. It
thus shows how the law is being used in a field which is both
intensely political and reflects important social interests. Though
directed mainly at legal practitioners, teachers and students,
therefore, it would be of interest to the media - the defendants in
the overwhelming majority of the cases-and to scholars in the
social sciences.
First published in 1998, this book is an exposition of the law of
defamation as it applies in those countries (excluding South
Africa). It discusses or refers to hundreds of cases from those
jurisdictions, as well as many important precedents from England,
analysing the law and discussing how far the courts have developed
their own approaches to the law, and to what extent the law
reflects the values of traditional society and customary law. It
thus shows how the law is being used in a field which is both
intensely political and reflects important social interests. Though
directed mainly at legal practitioners, teachers and students,
therefore, it would be of interest to the media - the defendants in
the overwhelming majority of the cases-and to scholars in the
social sciences.
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