A decolonial legal method

2021 ◽  
Vol 138 (4) ◽  
pp. 761-798
Author(s):  
Tshepo Bogosi Mosaka
Keyword(s):  
South Africa ◽  
Political Legitimacy ◽  
The Political ◽  
African Countries ◽  
Criminal Process ◽  
Present Epoch ◽  
The Third ◽  
Legal Method ◽  
The Law ◽  
Law Of Evidence

A survey of the burgeoning body of scholarship on decolonising education in South Africa leaves one with the impression that this is an area of scholarship that is yet to mature, particularly due to the rarity with which its scholars engage in self-conscious reflections on their methods. The article addresses this in two ways. The second part of the article theorises generally about an appropriate method of decolonising the discipline of law. The proposed method rests on four conditions: (1) standpoint (with whom is one in conversation in broader debates about decolonial education?); (2) historicity (what particular aspects of a specified branch of law were inherited from colonial Europe and with which other African countries does South Africa have this in common?); (3) evaluative/critical (what is problematic about the identified colonial inheritances for the present epoch?); (4) remedial (what changes are proposed towards the development of the branch of law concerned, and the discipline as a whole?). The third part then proceeds to illustrate how to apply this method towards decolonising evidence scholarship in Africa. Ultimately, it is argued that the political legitimacy of African criminal process remains endangered by the colonial inheritances that currently are embedded in the law of evidence.

scholarly journals Angola - an Oil Dependant Country in Sub-Saharan Africa

2016 ◽  
Vol 9 (35) ◽  
pp. 233-242
Author(s):  
Boris Baumgartner
Keyword(s):  
South Africa ◽  
World Economy ◽  
Sub Saharan Africa ◽  
African Countries ◽  
The Third ◽  
The World ◽  
Sub Saharan ◽  
The One ◽  
Rich Countries ◽  
Essential Problem

Abstract The Sub-Saharan Africa belongs to the most underdeveloped regions in the world economy. This region consists of forty nine countries but it’s world GDP share is only a small percentage. There are some very resource rich countries in this region. One of them is Angola. This former Portuguese colony has one of the largest inventories of oil among all African countries. Angola recorded one of the highest growth of GDP between 2004-2008 from all countries in the world economy and nowadays is the third biggest economy in Sub-Saharan Africa after Nigeria and South Africa. The essential problem of Angola is the one-way oriented economy on oil and general on natural resources. Angola will be forced to change their one-way oriented economy to be more diversified and competitive in the future.

scholarly journals Editorial

2017 ◽  
Vol 16 (3) ◽  
pp. 1
Author(s):  
Christa Rautenbach
Keyword(s):  
South Africa ◽  
White Paper ◽  
Main Concern ◽  
University Of Michigan ◽  
The Third ◽  
Democratic State ◽  
Law Faculty ◽  
Arts And Culture ◽  
The Law ◽  
Martin Luther King

The third issue of 2013 contains 12 contributions ranging from two orationes, nine articles and one note. The first oratio is an address delivered by Karthy Govender at the Law Faculty, University of Michigan, to commemorate the 2013 Martin Luther King Day at the Law Faculty, University of Michigan. He draws parallels between King, Ghandhi and Mandela and discusses the influence they all had in the development of South Africa into a democratic state. In the second oratio Mike van Graan airs his views on the Revised White Paper on Arts, Culture and Heritage of 2013, published by the Department of Arts and Culture. His main concern is the haste in which the white paper is being taken through the process, and he cautions against the adoption of a far-reaching policy which has not been thoroughly considered

Reflections on Proportionality, Military Necessity and the Clausewitzian War

2012 ◽  
Vol 45 (2) ◽  
pp. 323-340 ◽  
Author(s):  
Rotem M Giladi
Keyword(s):  
Political Legitimacy ◽  
The Political ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Operational Strategy ◽  
Military Necessity ◽  
The Law ◽  
Conceptual Foundations

This article explores the significance of the reference, in proportionality analyses, to proper purpose and legitimate ends, given the traditional aversion of international humanitarian law (IHL) to questions of (political) legitimacy. It demonstrates the centrality of that aversion in doctrinal assertions concerning the goals, characteristics and operational strategy of IHL yet argues that, at its historical and conceptual foundations, the law draws on a construction of war that presupposes legitimacy of the political type. That construction remains embedded, though implicit, in contemporary proportionality analyses.Thus, the instrumental understanding of war by Carl von Clausewitz poses several challenges to entrenched contemporary doctrinal claims about the law, how it operates and the effects it produces. This provides an impetus for critical reassessment of the aversion to politics and the interaction between the humanitarian, military and political spheres in the operation of IHL norms. Such critique helps to identify novel strategies of humanitarian protection in war outside the confines demarcated by orthodox doctrine.

Responses to 'The piety of Afrikaans women'

1995 ◽  
Vol 2 (3) ◽  
pp. 334-342 ◽  
Author(s):  
Christina Landman
Keyword(s):  
South Africa ◽  
Western Europe ◽  
Women's Spirituality ◽  
Political Agenda ◽  
The Political ◽  
Historical Criticism ◽  
The Third ◽  
The Relationship

AbstractThe book The piety of Afrikaans women is placed in the context of the methodological discussion on religion feminism, that is religion feminism as it was discussed in Western Europe in the early 1990s. It is argued that in South Africa the book was not read against this background but as an onslaught on Afrikanerdom and as a liberal effort to alienate metaphysics from spirituality. Three reactions for and against the contents of the book are discussed. The first refers to local nationalism, the second to the political agenda of women's spirituality and the third to the relationship between spirituality and historical criticism.

scholarly journals Ideologiese normverplasings en die Afrikaanse handwoordeboek van die negentigerjare

Literator ◽  
1995 ◽  
Vol 16 (1) ◽  
pp. 13-30
Author(s):  
A. Carstens
Keyword(s):  
South Africa ◽  
Political Ideology ◽  
Racial Bias ◽  
The Political ◽  
Special Regard ◽  
The Third ◽  
The Past ◽  
Eighth Edition ◽  
Ideological Norm

Ideological norm replacement and the Afrikaans desk dictionary of the ninetiesIn South Africa the past decade has been marked by extensive sociopolitical changes and by concomitant linguistic changes. These changes may be regarded as instances of norm replacement - a process during the course of which a norm or a set of norms is gradually replaced by another norm or set of norms. It is maintained that the standard synchronic dictionaries of a language not only have the obligation to reflect lexicalised norm replacements, but also to make projections with regard to future use. Two standard synchronic desk dictionaries of Afrikaans, namely the eighth edition of Verklarende Afrikaanse Woordeboek (1992) and the third edition of Verklarende Handwoordeboek van die Afrikaanse Taal (1994) are explored with special regard to their reflection of norm replacements within the domains of race and political ideology. It is shown that the compilers of these dictionaries consciously and sincerely aimed at removing all racial bias but that they failed to record the diversity of meaning within the political lexicon and the semantic shifts which have occurred within that lexicon during the past decade.

scholarly journals Collapsing Legitimacy: How the Crime of Aggression Could Affect the icc’s Legitimacy

2017 ◽  
Vol 17 (3) ◽  
pp. 517-542
Author(s):  
Frederick Cowell ◽  
Ana Leticia Magini
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Political Legitimacy ◽  
Criminal Court ◽  
The Political ◽  
Legal Structure ◽  
Political Compromise ◽  
The Law ◽  
The Way

The International Criminal Court (icc) will gain the capacity to prosecute the crime of aggression in 2017. The Amendments to the Rome Statute are the product of a political compromise and have a complex legal structure with a high definitional threshold for an act of aggression alongside a bespoke jurisdictional arrangement. This legal structure is likely to mean that very few acts of aggression are considered crimes. Even when acts of aggression pass the threshold set out in the amendments, it is highly likely that any such prosecution would not succeed. This article argues that this is likely to significantly impact the legitimacy of the icc as an organization. To understand this, it is necessary to look at the different meanings of legitimacy before examining how the way in which the law is configured could undermine the political legitimacy of the organization as a whole.

KENYA'S SOUTH AFRICANS AND THE POLITICS OF DECOLONIZATION

2020 ◽  
pp. 1-22
Author(s):  
INAYA KHAN
Keyword(s):  
South Africa ◽  
South African ◽  
Strategic Alliance ◽  
The Political ◽  
South Africans ◽  
Business Interests ◽  
The Third ◽  
British Rule ◽  
Political Impact ◽  
African Community

Abstract This article examines the political impact of decolonization upon the South African community in Kenya in 1963. It stresses that the end of British rule in Kenya had different implications for different groups of South Africans in Kenya. The community has been broadly delineated into three groups. The first group is the Afrikaner farmers’ community in Kenya – a numerically small but economically strategic section of the white community which produced nearly 70 per cent of the country's wheat. The second includes those working for firms and with business interests in Nairobi, and the third includes those employed in the service of the crown. The three state actors, Britain, South Africa, and Kenya, consciously used this opportunity to define and reinforce their state ideology in opposition to one other in an intra-African theatre. South Africa attempted to establish itself as the preferred white man's dominion in Africa, while Kenya used it to entrench its anti-apartheid position whilst taking the stand that Afrikaners who renounced apartheid could stay on in Kenya. Britain prioritized the interests and demands of the British settlers in Kenya as well as its new comprehensive strategic alliance with the new Kenyan government, and made concessions to Afrikaners within this framework.

Engendering Political Decision-Making

1998 ◽  
Vol 42 (1) ◽  
pp. 141-143 ◽  
Author(s):  
John Hatchard
Keyword(s):  
South Africa ◽  
Decision Making ◽  
World Wide ◽  
The Political ◽  
Political Decision ◽  
African Countries ◽  
Public And Private ◽  
The World ◽  
Women In Decision Making ◽  
Political Decision Making

In November, 1996, the Fifth Meeting of the Commonwealth Ministers Responsible for Women's Affairs recommended that member countries be encouraged to achieve a target of not less than 30 per cent of women in decision-making in the political, public and private sectors by the year 2005. This is an ambitious target for, according to the Inter-Parliamentary Union, the proportion of women involved in politics world-wide declined from 12.1 per cent in 1985 to 11 per cent in 1995. The situation throughout Africa is especially bleak for, as the following table indicates, with the notable exceptions of Mozambique, Seychelles, South Africa, Eritrea and Uganda, most African countries fall well below the world average.

scholarly journals The Ratification by Greece of the UN Convention on the Law of the Sea

1996 ◽  
Vol 9 (1) ◽  
pp. 99-121 ◽  
Keyword(s):  
United Nations ◽  
Aegean Sea ◽  
Law Of The Sea ◽  
The Political ◽  
The Third ◽  
The Law

On 21 July 1995, Greece ratified the 1982 UN Convention on the Law of the Sea (hereinafter the 1982 Convention). The entry into force of a widely accepted and comprehensive law of the sea convention has been a consistent objective of successive Greek administrations since negotiations began over two decades ago. Greece was very active during the Third United Nations Conference on the Law of the Sea (UNCLOS III]), voting in favour of the Convention and its Final Act with the intention of ratifying it at a later date. This article discusses the political and substantive context of the Greek ratification of the 1982 Convention by considering its impact upon Greek law of the sea interests and assessing its implications for Greek-Turkish relations in the Aegean Sea.

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