New to this edition: • The second edition is thoroughly updated, to refl ect issues and legal developments within the recent period, and includes diverse contributions that enrich scholarship.
• The second edition purposefully engages with legal decolonization, social justice, constitutionalism and the transformation of legal and social environments. A focus on legal pluralism is refl ected throughout the text.
• The second edition is developed to ensure clarity and accessibility to a diverse readership, and to more eff ectively support readers’ engagement with, and understanding of, the content. The accessibility of both language and conceptual explanation is developed with expert and student input.
• The text’s pedagogical focus on skills development is strengthened, expanded and updated. • The second edition acknowledges emergent technological developments within the legal environment, discussing how these developments aff ect the development of substantive principles, methodologies of legal research, the delivery of legal services, and the structure of legal fi rms.
• To support educational outcomes, the additional teaching and learning material, that supplements the work, is enriched and expanded.
Table of Contents: Chapter 1: Introduction: Becoming a Lawyer
• Chapter 2: The Post-Apartheid Legal Order • Chapter 3:
Western Roots of South African Law • Chapter 4: African Law and its Status in South African Law • Chapter 5: Human Rights and the SA Bill of Rights • Chapter 6: Sources of Law and Legal Authority • Chapter 7: Classifi cation of South African Law • Chapter 8: The Legislative Process and the Interpretation of Statutes • Chapter 9: Adjudication, Court Structure and Dispute Resolution • Chapter 10: Procedural Law and Litigation • Chapter 11: Legal Practitioners and Legal Offi cials in the South African Legal System • Chapter 12: Accessing Legal Information • Chapter 13: Legal Writing • Chapter 14: Working with Legal Problems
Lecturer resources • Lecturers' Guide
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Jurisprudence in an African Context Authors: D Bilchitz, T Metz and O Oyowe
Jurisprudence in an African Context explores the unique contribution of African jurisprudence, and that of Western jurisprudence, to engage with the context and issues of contemporary Southern African societies. The text’s unique pedagogy invites the reader to explore African perspectives of law through excerpts of primary texts, and supports understanding, engagement and debate through accessible and stimulating commentary. Organised thematically, the text engages with many urgent and important issues related to law and justice which concern African societies: these topics include land reform, the distribution of wealth and opportunity, who counts as a member of a political community, the rights of gay people, the interests of traditional societies, and approaches to dealing with crime. The text provides a rich perspective of the proper role of law and justice in contemporary society, through the lens of African history, context and values.
“This text promises to satisfy a need for a new jurisprudence textbook that takes account of African jurisprudence and relates jurisprudence developed elsewhere to the South African context. The topics dealt with are likely to hold interest for South African students. A great strength of the book is that it includes concise excerpts from the work of eminent legal philosophers. Any diffi culty students may experience in reading these primary texts is likely to be more than compensated for by the inclusion of accessible commentary. ” Assoc Prof Patrick Lenta, University of Technology Sydney
Table of Contents Chapter 1: Jurisprudence in an African context: An introduction • Part One Theories of law • Chapter 2: What is law? I: Positivism and traditional African societies • Chapter 3: What is law? II: Natural law theory and apartheid • Chapter 4: How should judges adjudicate in an African constitutional democracy? • Chapter 5: Is legal interpretation subjective? • Part Two Theories of justice • Chapter 6: What is a just distribution of resources? • Chapter 7: Who has duties fl owing from justice? • Chapter 8: Whom do rights protect? • Chapter 9: How do we rectify past injustices? • Chapter 10: Why punish the guilty? • Chapter 11: Concluding remarks about key philosophical distinction
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Lecturer resources • PowerPoint® teaching presentation • Assessment resources
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PAPERBACK SEP 2017 OUP SA
320 PAGES 9780199048496 9780199051557
LAW: JURISPRUDENCE
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