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uBuntu and the Law: African Ideals and Postapartheid Jurisprudence (Just Ideas)From Fordham University Press
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This is the first comprehensive casePub to address the relationship of uBuntu to law. It also provides the most important critical articles on the use of uBuntu, both by the Constitutional Court and by other levels of the judiciary in South Africa.Although uBuntu is an ideal or value rooted in South Africa, its purchase as a performative ethic of the human goes beyond its roots in African languages. Indeed, this casePub helps break through some of the stale antinomies in the discussions of cultures and rights, since both the courts and the critical essays discuss ubuntu as not simply an indigenous or even African ideal but one that is its own terms calls for universal justification. The efforts of the Constitutional Court to take seriously competing ideals of law and justice has led to original ethical reasoning, which has significant implications for post apartheid constitutionalism and law more generally. uBuntu, then, as it is addressed as an activist ethic of virtue and then translated into law, helps to expand the thinking of a modern legal system's commitment to universality by deepening discussions of what inclusion and equality actually mean in a postcolonial country. Since uBuntu claims to have universal purchase, its importance as a way of thinking about law and justice is not limited to South Africa but becomes important in any human rights discourse that is not limitedly rooted in Western European ideals. Thus this book will be a crucial resource for anyone who is seriously grappling with human rights, postcolonial constitutionalism, and competing visions of the relations between law and justice.
- Sales Rank: #3280202 in Books
- Published on: 2012-04-02
- Released on: 2011-02-01
- Original language: English
- Number of items: 1
- Dimensions: 6.40" h x 1.40" w x 9.10" l, 1.70 pounds
- Binding: Hardcover
- 494 pages
Review
This casebook helps us break through stale antinomies in discussions of culture and rights. As Cornell and Muvangua demonstrate, South Africa's young Constitutional Court has drawn on African repertoires of legal and ethical reasoning in signature efforts to deal with problems of postcolonial justice. Instead of constricting judgment into fortified spaces of difference, thinking through culture works here to expand the creative capacities of law to advance universal goals of equity and inclusion. This is salutary reading for all who seek inspiration past the 'clash of civilizations' mode of responding to our present global challenges.-Hylton White
This volume brings to light both the crucial cases and documents that arenot easily accessible and it also offers a set of fascinating and criticalwritings by some of the most important legal scholars in South Africa.-Stephen Eric Bronner
About the Author
Drucilla Cornell is National Research Foundation Professor in Customary Law, Indigenous Ideals, and the Dignity Jurisprudence at the University of Cape Town in South Africa and Professor of Political Science, Women & Gender Studies, and Comparative Literature at Rutgers University. Nyoko Muvangua is a Doctoral Candidate at the University of Cape Town.
Most helpful customer reviews
4 of 4 people found the following review helpful.
Can't wait to read this.
By Chris Gwaltney
The concept of uBuntu has a definite place within law.
Desmond Tutu said of uBuntu:
One of the sayings in our country is Ubuntu - the essence of being human. Ubuntu speaks particularly about the fact that you can't exist as a human being in isolation. It speaks about our interconnectedness. You can't be human all by yourself, and when you have this quality - Ubuntu - you are known for your generosity. We think of ourselves far too frequently as just individuals, separated from one another, whereas you are connected and what you do affects the whole World. When you do well, it spreads out; it is for the whole of humanity."
Ubuntu is a concept which:
1. is to be contrasted with vengeance;
2. dictates that a high value be placed on the life of a human being;
3. is inextricably linked to the values of and which places a high premium on dignity, compassion, humaneness and respect for humanity of another;
4. dictates a shift from confrontation to mediation and conciliation;
5. dictates good attitudes and shared concern;
6. favours the re-establishment of harmony in the relationship between parties and that such harmony should restore the dignity of the plaintiff without ruining the defendant;
7. favours restorative rather than retributive justice;
I am looking forward to reading this book from Ms. Cornell.
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