• Anglický jazyk

Ubuntu

Autor: Bennett Tom

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... Viac o knihe

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O knihe

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 decisionmaking

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.

  • Vydavateľstvo: Juta & Company Ltd
  • Rok vydania: 2018
  • Formát: Paperback
  • Rozmer: 244 x 170 mm
  • Jazyk: Anglický jazyk
  • ISBN: 9781485126713

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