Comparative Law and Jurisprudence in Namibia : Functions, Methods and Perspectives from Selected Jurisdictions / edited by Samuel Kwesi Amoo, Tapiwa Victor Warikandwa, and Kennedy Kariseb.

Format:

Book

Contributor:

Amoo, Samuel Kwesi, editor.

Warikandwa, Tapiwa V. (Tapiwa Victor), editor.

Kariseb, Kennedy, editor.

Language:

English

Subjects (All):

Comparative law.

Physical Description:

1 online resource (668 pages)

Edition:

First edition.

Place of Publication:

Windhoek, Namibia : University of Namibia Press, [2024]

Summary:

Comparative law examines the differences and similarities between various countries' laws and legal systems across the world, such as common, civil and socialist laws.Its significance has grown dramatically in the current era of internationalism, populism, (economic) globalization, and democratization.

Contents:

Front cover

Title page

Copyright

Dedication

Contents

Foreword 1

Foreword 2

Preface

Acknowledgements

Abbreviations

1 Comparative law in the 21st century: an introduction

1.1 INTRODUCTION

1.2 WHAT IS THE BASIS FOR COMPARING LAWS FROM DIFFERENT JURISDICTIONS?

1.3 TRADITIONAL COMPARATIVE LAW

1.4 CIVIL LAW AND COMMON LAW

1.5 WORLD'S LEGAL SYSTEMS CLASSIFIED

1.6 CONSIDERING OTHER METHODS OF COMPARATIVE LAW

1.6.1 Numerical comparative law

1.6.2 Postmodern comparative law

1.6.3 Socio-legal comparative law

1.7 COMPARATIVE LAW IN A GLOBAL CONTEXT

1.7.1 Comparative law and development

1.7.2 Legal transplants

1.7.3 Convergence, regionalisation and internationalisation

1.7.4 Shift from transnational to global law

1.8 COMPARATIVE LAW: AN INHERENTLY OPEN SUBJECT?

1.9 CHAPTER OUTLINES

1.10 CONCLUSION

REFERENCES

CASES

LEGISLATION

2 Comparative law: a theoretical framework

2.1 INTRODUCTION

2.2 MEANING OF COMPARATIVE LAW

2.3 FUNCTIONS OF COMPARATIVE LAW

2.3.1 Academic studies

2.3.2 Legislation and law reform

2.3.3 Judicial process

2.3.4 Unification and harmonisation of laws

2.3.5 International law

2.3.6 International understanding

2.4 SUBJECT-MATTER OF COMPARATIVE LAW

2.4.1 Choice of legal systems for both macro- and micro-comparison

2.5 PROCESS OF COMPARISON

2.5.1 Jurisprudential outlook

2.5.2 Social context

2.5.3 Legal context in micro-comparison

2.6 PROCESS OF COMPARISON AND COMPARABILITY

2.7 CONCLUSION

3 Tracing the early origins of comparative law

3.1 INTRODUCTION

3.2 LEGAL COMPARATISM IN CLASSICAL ANTIQUITY

3.2.1 Ancient Greece

3.2.2 Ancient Rome

3.3 LEGAL COMPARITISM IN THE MIDDLE AGES

3.4 PIONEERS OF COMPARATIVE LAW DURING THE RENAISSANCE AND ENLIGHTENMENT ERAS

3.4.1 Pothier.

3.4.2 Vico

3.4.3 Montesquieu

4 An overview of major legal systems of the world

4.1 INTRODUCTION

4.2 GROUPING OF LEGAL SYSTEMS

4.3 CRITERIA USED TO CLASSIFY LEGAL SYSTEMS

4.4 HISTORICAL DEVELOPMENT

4.5 MANNER OF LEGAL THINKING

4.6 DISTINCT LEGAL INSTITUTIONS

4.7 CHOICE OF SOURCES OF LAW

4.8 IDEOLOGY OF A LEGAL SYSTEM

4.9 RELIGIOUS LEGAL SYSTEMS

4.9.1 Canon Law

4.9.2 Hindu law

4.9.3 Jewish law

4.9.4 Islamic law

4.10 CONCLUSION

5 Methodologies and techniques of comparative law

5.1 INTRODUCTION

5.2 SUBJECT-MATTER OF COMPARATIVE LAW AND METHODS OF COMPARISON

5.2.1 Choice of legal systems for both macro- and micro-comparison and process of comparison

5.3 METHODOLOGICAL APPROACHES TO COMPARATIVE LAW IN AFRICA

5.4 METHODOLOGY OF COMPARATIVE LAW IN AFRICA

5.4.1 Historical method

5.4.2 Functional method

5.4.3 Legal harmonisation and unifcation

5.4.4 Reviewing customary or natural law

5.4.5 Economic analysis method

5.4.6 Law and cultural method or approach

5.4.7 Critical approach

5.4.8 Convergence approach and non-convergence approach

5.5 CREATING AFRICAN LAW

5.6 CONCLUSION

6 An overview of socialist law from the perspective of an African legal framework

6.1 INTRODUCTION

6.2 SOCIALIST OR SOVIET LAW: A CONTEXTUAL BACKGROUND

6.3 CHARACTERISTICS OF SOCIALIST LAW

6.4 DIFFERENT FORMS OF SOCIALIST LAW

6.4.1 Chinese socialist law

6.4.2 Christian socialism

6.4.3 Democratic socialism

6.4.4 Utopian socialism

6.4.5 African socialism

6.5 AFRICAN SOCIALISM AND DEMOCRACY

6.6 SOCIALISM AND LAW

6.7 CONSTITUTIONAL LAW IN SOCIALISM

6.8 ADMINISTRATION OF LAW IN SOCIALISM

6.9 CONCLUSION

7 Comparative law and the internationalisation of laws and legal systems.

7.1 INTRODUCTION

7.2 STATE SOVEREIGNTY AND THE PARADIGM OF INTERNATIONALISATION OF LAWS AND LEGAL SYSTEMS

7.3 COMPARATIVE INTERNATIONAL LAW AND THE INTERNATIONALISATION OF LAWS AND LEGAL SYSTEMS

7.3.1 International law

7.3.2 Harmonisation and unifcation of laws

7.3.3 Common core among nation-states

7.4 COMPARATIVE USE OF LAW AND THE INTERNATIONALISATION OF LEGAL SYSTEMS

7.5 CONCLUSION

8 Relevance of African jurisprudential theories in comparative legal processes

8.1 INTRODUCTION

8.2 NAMIBIAN LEGAL SYSTEM AND RELEVANCE OF JURISPRUDENCE INCOMPARATIVE LEGAL PROCESSES

8.3 HOMEGROWN AFRICAN LEGAL THEORIES AND COMPARATIVE LEGAL PROCESS

8.3.1 Ubuntu and ubuntuism: African human rights?

8.3.2 Humanism: African Christianity?

8.3.3 Negritude: favour of blackness and Africanness

8.3.4 Consciencism: principle of African liberty

8.4 CONCLUSION

9 The court system in Namibia: judicial cross-fertilisation and the courts

9.1 INTRODUCTION

Part A

A1 Court system in Namibia

A1.1 Supreme Court

A1.2 High Court

A1.3 Appointment and removal from ofce

A1.4 Magistrate's courts

A2 Stare decisis in Namibia

A2.1 Exceptions

A3 Comparative law as a source of law

A4 Judicial cross-fertilisation in Namibia

A5 Concluding remarks

Part B

B1 Namibia's judicial review mechanism

B1.1 Procedure

B1.2 Jurisdictions with historical ties to English law

B2 Comparison to other legal systems

B3 Concluding remarks

10 Liability in unjustified enrichment: a comparative overview of the Namibian, Continental European, English, Argentinean and Brazilian legal systems

10.1 INTRODUCTION

10.2 NAMIBIAN CASES

10.2.1 What are the elements of an enrichment claim in Namibian Law?.

10.2.2 What generally are the defences that can be raised against an enrichment claim?

10.2.3 What are the misconceptions of the enrichment claim in the SME cases, especially in Bruni v Kahunda?

10.3 UNJUST ENRICHMENT IN CONTINENTAL EUROPE

10.3.1 Early evolution of enrichment liability in civilian systems based on Roman law

10.3.2 Current position on enrichment liability in Continental Europe

10.3.3 Harmonising rules on unjust or unjustifed enrichment in European private law: Draft Common Frame of Reference

10.4 UNJUST ENRICHMENT IN ENGLAND

10.4.1 Nomenclature of unjust enrichment in English law

10.4.2 Early evolution of unjust enrichment in England and common-law systems based on English tradition

10.4.3 Current status of unjust enrichment in English law

10.4.4 Concluding remarks

10.5 UNJUSTIFIED ENRICHMENT IN SELECTED SOUTH AMERICAN JURISDICTIONS (ARGENTINA AND BRAZIL)

10.5.1 Preliminary remarks

10.5.2 Unjustified enrichment in Argentina

10.5.3 Brazilian enrichment law

10.5.3.1 General observations

10.5.3.2 A tripartite division and its underlying ideas

10.6 CONCLUSION

11 Comparative law in Africa: an appraisal of the role of legal comparativism in the development of African law

11.1 INTRODUCTION

11.2 OVERVIEW OF THE IMPORTANCE AND PURPOSE OF COMPARATIVE LAW IN AFRICA

11.3 COMPARATIVE LAW IN AFRICA: NECESSITY OR LUXURY IN 21ST-CENTURY LEGAL EDUCATION AND PRACTICE?

11.4 INTEGRATING SEVERAL AFRICAN LEGAL FRAMEWORKS INTO A SINGLE, ALL-INCLUSIVE FRAMEWORK

11.5 EFFECT OF COLONIALISM ON COMPARATIVE-LAW STUDIES IN AFRICA

11.6 METHODS OF COMPARATIVE LEGAL STUDIES

11.6.1 Historical method

11.6.2 Functional approach to comparative legal studies

11.6.3 Legal harmonisation and unification

11.6.4 Method of reviewing customary or natural law.

11.6.5 Economic analysis method or approach

11.6.6 Law and cultural approach

11.6.7 Critical method

11.6.8 Convergence and non-convergence approaches

11.7 MODIFICATION OF LEGAL EDUCATION

11.8 LEGAL REFORM

11.9 HARMONISATION OF LAWS

11.10 EFFICIENT PROBLEM-SOLVING

11.11 DIFFERENTIATION

11.12 COMPARATIVE LAW AND NAMIBIA

11.13 CONCLUSION

12 Decolonial theory: a critical analysis of the ways in which legal transplant manifests coloniality - a comparative study of southern African and southern Asian states

12.1 INTRODUCTION

12.2 DECOLONIAL THEORY IN PERSPECTIVE

12.3 COMPARATIVE LAW AND LEGAL TRANSPLANTS

12.4 HOW LEGAL TRANSPLANT MANIFESTS AS COLONIALITY: EXCERPTS

12.4.1 Practising colonial culture: questioning hybridisation

12.4.2 Practising colonial culture: application of colonial laws

12.4.3 Practising colonial culture: retention of colonial structural formations as a manifestation of coloniality

12.4.4 Globalisation, (de)coloniality and legal transplants

12.5 METHODOLOGICAL CHALLENGES TO DECOLONIAL COMPARATIVE RESEARCH

12.5.1 Functional method

12.6 CONCLUSION

13 Comparative law and the transformation of legal education in the 21st century: lessons for Namibia

13.1 INTRODUCTION

13.2 COMPARATIVE LAW AS A CONCEPT: AN OUTLINE OF THE BACKGROUND

13.3 FUNCTIONS OF COMPARATIVE LAW

13.3.1 Comparative law in legal education

13.3.2 Legal research and comparative law

13.3.3 Legal research and its signifcance in formulating legislation and legal reforms

13.4 COMPARATIVE LAW AND THE JUDICIAL PROCESS

13.5 COMPARATIVE LAW AND THE UNIFICATION AND HARMONISATION OF LAWS

13.6 COMPARATIVE LAW AND INTERNATIONAL LAW

13.7 COMPARATIVE LAW, LEGAL EDUCATION AND A GLOBALISING WORLD.

13.8 TOWARDS COMPARATIVE-LAW-BASED LEARNING IN NAMIBIA AND AFRICA.

Notes:

Includes bibliographical references and index.

Description based on publisher supplied metadata and other sources.

Description based on print version record.

ISBN:

9789994557431

9994557432

OCLC:

1496392723