Author:
Publisher: Ntl Inst for Trial Advocacy
ISBN: 9781601560162
Category : Law
Languages : en
Pages : 340

Get Book

Book Description

Author: Sindiso Mnisi Weeks
Publisher: Routledge
ISBN: 1351669567
Category : Law
Languages : en
Pages : 423

Get Book

Book Description
For most people in rural South Africa, traditional justice mechanisms provide the only feasible means of accessing any form of justice. These mechanisms are popularly associated with restorative justice, reconciliation and harmony in rural communities. Yet, this ethnographic study grounded in the political economy of rural South Africa reveals how historical conditions and contemporary pressures have strained these mechanisms’ ability to deliver the high normative ideals with which they are notionally linked. In places such as Msinga access to justice is made especially precarious by the reality that human insecurity – a composite of physical, social and material insecurity – is high for both ordinary people and the authorities who staff local justice forums; cooperation is low between traditional justice mechanisms and the criminal and social justice mechanisms the state is meant to provide; and competition from purportedly more effective ‘twilight institutions’, like vigilante associations, is rife. Further contradictions are presented by profoundly gendered social relations premised on delicate social trust that is closely monitored by one’s community and enforced through self-help measures like witchcraft accusations in a context in which violence is, culturally and practically, a highly plausible strategy for dispute management. These contextual considerations compel us to ask what justice we can reasonably speak of access to in such an insecure context and what solutions are viable under such volatile human conditions? The book concludes with a vision for access to justice in rural South Africa that takes seriously ordinary people’s circumstances and traditional authorities’ lived experiences as documented in this detailed study. The author proposes a cooperative governance model that would maximise the resources and capacity of both traditional and state justice apparatus for delivering the legal and social justice – namely, peace and protection from violence as well as mitigation of poverty and destitution – that rural people genuinely need.

Author: Russell H. Kaschula
Publisher: African Sun Media
ISBN: 1991260199
Category : Law
Languages : en
Pages : 273

Get Book

Book Description
The research represented in this volume, and in the series as a whole, is intended to provide critical analyses and findings that can underpin the development of language policies, practice guides and other resources that support a fair and accessible legal system. However, this will also require well-developed teaching and research programmes, so it is our intention that this volume will continue to support the growth of forensic linguistics in Southern African universities and nurture the next generation of scholars dedicated to forensic and legal linguistics. This aim will be supported by the newly formed African Association of Forensic and Legal Linguists (AAFLL), which will help to coordinate the study of forensic linguistics in Africa. This book series, Studies in Forensic and Legal Linguistics in Africa and Beyond, Volumes I, II, III and IV, continues to play an important role in bringing African forensic linguistic scholarship to a wider audience, while simultaneously promoting the field amongst academic and legal institutions in Africa.

Author: Charles C. Jalloh
Publisher: Cambridge University Press
ISBN: 110842273X
Category : History
Languages : en
Pages : 1199

Get Book

Book Description
This volume analyses the prospects and challenges of the African Court of Justice and Human and Peoples' Rights in context. The book is for all readers interested in African institutions and contemporary global challenges of peace, security, human rights, and international law. This title is also available as Open Access on Cambridge Core.

Author: Kamari M. Clarke
Publisher: Cambridge University Press
ISBN: 1107147654
Category : Law
Languages : en
Pages : 469

Get Book

Book Description
By investigating how the International Criminal Court (ICC) is portrayed in Africa, this book highlights how perceptions of justice are multilayered.

Author: Frans Viljoen
Publisher: PULP
ISBN: 1920538089
Category : Human rights
Languages : en
Pages : 331

Get Book

Book Description

Author: Monwabisi Ralarala
Publisher: AFRICAN SUN MeDIA
ISBN: 1928480160
Category : Law
Languages : en
Pages : 338

Get Book

Book Description
The field of forensic linguistics is a niche area that has not enjoyed much participation from the African continent. The theme of language and the law in this book is one that straddles two important aspects of the legal history of South Africa in particular, and how it has impacted on the country?s legal and education systems. The declaration, by the United Nations, of 2019 as ?The International Year of Indigenous Languages? is opportune, not only for the launch of this book, but for what its research content tells us of the strides taken in ensuring access to justice for all citizens of the world in a language they understand. The contributions by authors in this book tell the story of many African citizens, and those hailing from beyond our borders, who straddle the challenges of linguistic and legal pluralism in courtrooms across their respective countries. It is our hope that the contributions made in this book will assist in ensuring human rights become a reality for global citizens where indigenous voices have not been heard; and that these citizens will be free to give their testimonies in a language of their choice, and that they may be heard and understood.

Author: Gerhard Werle
Publisher: Springer
ISBN: 9462651507
Category : Law
Languages : en
Pages : 347

Get Book

Book Description
This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.

Author: Jeremy Sarkin
Publisher:
ISBN: 9781780689074
Category : Criminal law
Languages : en
Pages : 0

Get Book

Book Description
This book explores a range of issues related to the development, application and enforcement of international criminal justice within Africa and on Africa. Written by experts from Africa, and adopting African perspectives, this book seeks to understand the scope and reach of these issues, nationally, regionally and globally. Africa's Role and Contribution to International Criminal Justice engages in theoretical and policy discourses on the substantive and procedural features of criminal law and justice in the African context. A range of topical issues are examined by the contributors, such as the ways in which African states have dealt with issues of universal jurisdiction and how victims are treated, as well as controversial questions concerning how courts function and should function in dealing with these issues. The ideas, themes, institutions, practices, concepts and patterns of convergence of criminal justice systems in Africa are also explored. This book aims to establish a greater understanding of international criminal justice and its relation to Africa, and beyond. Further, it seeks to expand the conversation beyond the narrow topics that are so commonly discussed when matters of African criminal justice are considered.

Author: Asher Flynn
Publisher: Bloomsbury Publishing
ISBN: 1509900853
Category : Law
Languages : en
Pages : 376

Get Book

Book Description
This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.