Product Description
Ubuntu, Good Faith and Equity
Author: F Diedrich
Format: Physical Hardcopy
This book contains a selection of papers on the topic of ‘Ubuntu, Humanity and Good Faith / Equity as Flexible Principles in Law and Society in Southern Africa’. The papers by international academics provide a comparative viewpoint on how good faith and equity have been used in other jurisdictions as flexible legal principles to achieve equitable outcomes.
Contents:
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Preface - Frank Diedrich
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Ubuntu as a legal principle in an ever-changing world - Yvonne Mokgoro
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Ubuntu: An African equity - Tom Bennett
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Ubuntu: Ethnophilosophy and core constitutional value(s) - Ilze Keevy
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The contribution of ubuntu to the development of constitutional jurisprudence in a democratic South Africa - SF Khunou & Seth Nthai
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‘Just say sorry?’ Ubuntu, Africanisation and the child justice system in the Child Justice Act 75 of 2008 - Julia Sloth-Nielsen & Jacqui Gallinetti
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Towards constitutionalism and democratic governance: Ubuntu and equity as a basis for regulating public functionaries in common-law Africa - Mwiza Jo Nkhata
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Ubuntu in the traditional justice mechanisms of South Africa - Inga Svarca
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The procedural relationship between state law and customary law in civil and commercial matters - Frank Diedrich
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Individualism and the balancing of interests in German civil law - Ulrich Spellenberg
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Index
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