Ubuntu, Good Faith and Equity: Flexible Legal Principles in Developing a Contemporary Jurisprudence
Ebook ISBN: 9780702199608
Print ISBN: 9780702186172
Ebook ISBN: 9780702199608
Print ISBN: 9780702186172
Product Details:
Author(s):
Year Published:
2011
Edition
1st Edition
Type:
Ebook | eBook
Language:
English
About this publication
Since its inception into South African law, ubuntu has played a key role. In the proceedings of the Truth and Reconciliation Commission the term was used to produce a result that no other legal rule could achieve as successfully: it was used as a flexible political notion to justify the desired result of forgiveness rather than retaliation.
However, the definition of ubuntu is insufficiently resolved, and its application varies from context to context. The concept of ubuntu needs closer scrutiny if it is to play a meaningful, clear and foreseeable role in the South African legal system, or elsewhere, as an authentic customary rule.
In September 2010 a group of comparative lawyers, practitioners, and academics from various disciplines met at the University of the North-West, Potchefstroom, South Africa to discuss the topic of Ubuntu, Humanity and Good Faith / Equity as Flexible Principles in Law and Society in Southern Africa.
Some of the papers presented at the conference are published in this book. The papers aim to capture as many facets of ubuntu, customary law and legal process as possible. The variety of articles sheds light on both the notion and the use of ubuntu, without purporting to provide definitive answers. Since ubuntu is not confined to any branch of law, the articles cover private law as well as public law. The papers by non-South African academics seek to show how the notions of good faith and equity have likewise been used in other jurisdictions as flexible legal principles to achieve equitable outcomes.
It is hoped that the range of articles in this book will lead to a better understanding of ubuntu for the purpose of further research, the development of jurisprudence and for its application in the field of law, culture and everyday life in general.
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