Ubuntu, Good Faith and Equity

Ubuntu, Good Faith and Equity
Author: Frank Diedrich
Publisher:
Total Pages: 157
Release: 2011
Genre: Comparative law
ISBN: 9780702186172

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Comparative Law

Comparative Law
Author: Sean Patrick Donlan
Publisher: Routledge
Total Pages: 135
Release: 2019-12-06
Genre: Law
ISBN: 0429751419

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This book discusses a number of important themes in comparative law: legal metaphors and methodology, the movements of legal ideas and institutions and the mixity they produce, and marriage, an area of law in which culture – or clashes of legal and public cultures – may be particularly evident. In a mix of methodological and empirical investigations divided by these themes, the work offers expanded analyses and a unique cross-section of materials that is on the cutting edge of comparative law scholarship. It presents an innovative approach to legal pluralism, the study of mixed jurisdictions, and language and the law, with the use of metaphors not as an illustration but as a core element of comparative methodology.

Ubuntu

Ubuntu
Author: Bennett Tom
Publisher: Juta Limited
Total Pages: 226
Release: 2018-04-30
Genre: Law
ISBN: 9781485126713

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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 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.

Comparative Contract Law

Comparative Contract Law
Author: Pier Giuseppe Monateri
Publisher: Edward Elgar Publishing
Total Pages: 569
Release: 2017-04-28
Genre: Law
ISBN: 1785369172

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This comprehensive Handbook offers a thoughtful survey of contract theories, issues and cases in order to reassess the field's present vision of contract law. It engages a critical search for the fault lines which cross traditions of thought and globalized landscapes. Comparative Contract Law is built around four main groups of insights, including: the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; and the concurring opinions expressed within the domain of other disciplines, such as literature and political theory. The chapters in the book tease out the tensions between a global context and local frameworks as well as the movable thresholds between canonical expressions and heterodox constructions.

An Almanac of Contemporary and Continuum of Jurisprudential Restatements

An Almanac of Contemporary and Continuum of Jurisprudential Restatements
Author: 'lai Oshitokunbo Oshisanya
Publisher: Almanac Foundation
Total Pages: 2492
Release: 2022-07-10
Genre: Law
ISBN: 9789858140

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A Compendium of Jurisprudential Annotations of Cases with Treaties, Statutes, Rules and Commentaries

UBuntu and the Law

UBuntu and the Law
Author: Nyoko Muvangua
Publisher: Fordham Univ Press
Total Pages: 485
Release: 2012
Genre: History
ISBN: 0823233820

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This book brings together the uBuntu jurisprudence of South Africa, as well as the most cutting-edge critical essays about South African jurisprudence on uBuntu. Can indigenous values be rendered compatible with a modern legal system? This book raises some of the most pressing questions in cultural, political, and legal theory.

Good Faith in Contract

Good Faith in Contract
Author: Roger Brownsword
Publisher: Dartmouth Publishing Company
Total Pages: 344
Release: 1999
Genre: Buena fe (Derecho)
ISBN:

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In many legal systems around the world, whether civilian or common law, the doctrine of good faith is recognised as one of the general principles of contract law. By contrast, English law has taken a different approach, relying on a number of specific doctrines aimed at securing fair dealing but eschewing any general principle of good faith in contract. In the light of recent good faith provisions - such as those found in the EC Directives on Commercial Agents and on Unfair Terms in Consumer Contracts, as well as in the Lando Commission's 'Principles of European Contract Law' and the UNIDROIT 'Principles of International Commercial Contracts' - it is open to debate whether the English law of contract can, or indeed should, maintain its traditional approach.The purpose of the essays in this collection is to inform such a debate in two principal ways: first, by drawing out the competing conceptions (and concomitant credentials) of the idea of good faith in contract; and, secondly, by exploring the role of good faith in different contexts - for example, in the context of both consumer and commercial contracting, but also in the context of specific fields of contract law (such as insurance and financial services), particular patterns of doctrinal response to bad faith and unfair dealing and the various traditions of legal reasoning found around the world.The essays represent a significant international engagement with a question that is by no means of interest only to English lawyers. For, the perspectives presented by the European, Nordic, Israeli, North American, South African and Australian contributors to this book serve to illuminate our understanding of the idea of good faith whether our concern is with our own local legal system or, beyond that, with the elaboration of principles of contract law for regional or global application.

The Small-Scale Fisheries Guidelines

The Small-Scale Fisheries Guidelines
Author: Svein Jentoft
Publisher: Springer
Total Pages: 850
Release: 2017-06-10
Genre: Social Science
ISBN: 3319550748

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In June 2014, FAO member-states endorsed the Voluntary Guidelines for Securing Sustainable Small-Scale Fisheries (SSF Guidelines). These Guidelines are one of the most significant landmarks for small-scale fisheries around the world. They are comprehensive in terms of topics covered, and progressive, with their foundations based on human rights and other key principles. It can be anticipated that implementing the SSF Guidelines, whether at local, national, or regional levels, will be challenging. This book contains in-depth case studies where authors discuss the extent to which the Guidelines can help improve the realities of small-scale fishing men and women globally and make their livelihoods and communities more secure. This will require policy intervention and innovation, along with contributions of civil society organizations and academia. However, most of all it will necessitate the empowerment of fishing people so that they can become active participants in decision making on matters where their well-being and human rights are at stake. By endorsing the SSF Guidelines, states have committed themselves to support and facilitate this development. This book asks whether states can successfully “walk the talk,” and provides advice as to how they can do so. The collection of case studies sets the platform for an interactive dialogue space for researchers, policy makers, civil society and small-scale fishing communities to start the conversation about the monitoring and evaluation of the implementation of the SSF Guidelines at local, national, regional and global levels. An added value is that it helps add focus to our work as civil society activists involved in ensuring the application of the SSF Guidelines. Naseegh Jaffer – General Secretary, World Forum of Fisher People (WFFP) This collection offers many ways in which institutions enabling small-scale fisheries can protect and promote sustainability, food security, customary tenure, self-management, and market access, while fostering such benefits as ecosystem-based management, protected areas, incorporation of local knowledge, and poverty alleviation. You will want to put this book in the hands of policy-makers and practitioners immediately -- and for years to come. Evelyn Pinkerton – Professor, Simon Fraser University, Canada

Understanding Ubuntu for Enhancing Intercultural Communications

Understanding Ubuntu for Enhancing Intercultural Communications
Author: Mukuni, Joseph
Publisher: IGI Global
Total Pages: 299
Release: 2021-05-28
Genre: Language Arts & Disciplines
ISBN: 1799879496

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Given the importance of cross-cultural competence, it is important that scholars from different parts of the world describe the conceptual frameworks underlying their cultures to provide people with knowledge helpful for understanding and navigating cultural barriers and promoting harmony and productivity in places of work. The literature is replete with reference points for understanding Eurocentric worldviews. Little has been written about non-Eurocentric worldviews with respect to the subject of socio-cultural harmony and interpersonal relations such as Ubuntu, Africa’s indigenous philosophy and its relevancy. This philosophy teaches the importance of maintaining good human relations and sensitivity to the wellbeing of other people both as individuals and collectively. In the teachings of this African conceptual framework, the wellbeing of others is more important than that of self. Another important distinguishing feature of Ubuntu is that it places great value on communalism as opposed to individualism. The tenets of Ubuntu include human-centeredness, teamwork, collaboration, cooperation, respect for diversity of opinion, and joint consideration of problems. These tenets can be applied for intercultural competence and communications. Understanding Ubuntu for Enhancing Intercultural Communications sheds some light on Ubuntu, Africa’s unique philosophy, and explores how the knowledge of Ubuntu can help minimize cross-cultural communication barriers. Within this context, the chapters work to make readers aware of the existence of an African worldview, specifically Ubuntu, and its possible contribution to interpersonal communication. This book also shares the lived experiences of being born and raised in sub-Saharan Africa where Ubuntu is a way of life. This book is essential for businesses seeking to expand internationally and managers overseeing diverse workforces as well as business executives, government officials, public relations officers, academicians, researchers, and students including those studying African studies, world religions, international business, international relations, management, communication, and more.

African Metaphysics, Epistemology and a New Logic

African Metaphysics, Epistemology and a New Logic
Author: Jonathan O. Chimakonam
Publisher: Springer Nature
Total Pages: 226
Release: 2021-05-06
Genre: Philosophy
ISBN: 303072445X

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This book focuses on African metaphysics and epistemology, and is an exercise in decoloniality. The authors describe their approach to "decoloniality" as an intellectual repudiation of coloniality, using the method of conversational thinking grounded in Ezumezu logic. Focusing specifically on both African metaphysics and African epistemology, the authors put forward theories formulated to stimulate fresh debates and extend the frontiers of learning in the field. They emphasize that this book is not a project in comparative philosophy, nor is it geared towards making Africa/ns the object/subjects of philosophy. Rather, the book highlights and discusses philosophical insights that have been produced from the African perspective, which the authors argue must be further developed in order to achieve decoloniality in the field of philosophy more broadly.