In a legal context, and primarily in relation to the now well-established field of ‘law and development’, this book takes up the need to think beyond development in order to address the global social injustices that inform the key problems facing the global South. These injustices comprise interconnected phenomena including impoverishment, displacement, post-coloniality, cultural and social exclusion, warfare and terrorism, climate injustice, ineffective governance, gender injustice, and the underlying structural injustices of the global economic system. And here, the contributors to this book take up the challenge of exploring new, alternative epistemologies that might provide effective alternatives to neoliberal globalisation: including feminist concepts of relationality, Islamic approaches, the role of the state, human rights discourses; and the nature and role of forms of resistance. The book thus explores whether it is possible to address social injustices in the global South in ways that avoid perpetuating problems – such as skewed growth, extractivism and inequality – associated with the concept of development.
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ix | |
| Preface |
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xiv | |
| Introduction |
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1 | (16) |
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PART I Towards New Imaginaries |
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17 | (122) |
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1 Shifting the Frame from Law and Development to Ending Injustice |
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19 | (21) |
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2 Post-Hobbesian State, Sovereignty and Development |
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40 | (18) |
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3 Returning the Anti-Colonial to Philosophy |
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58 | (22) |
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4 The Constitution of Turbulence: Zavaleta, Linera and Constituent Power in Bolivia |
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80 | (19) |
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5 `I Built this House on my Back': A Historical Perspective on Care and Property in East Africa |
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99 | (18) |
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6 Resisting Apathy and Antipathy for Community in Human-Rights and Development Discourse: Locality, Human Interdependence and Participation |
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117 | (22) |
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PART II Rights and Injustices |
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139 | (139) |
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7 Transnational Human Rights Obligations as Vehicles for Global Justice |
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141 | (15) |
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8 Human Rights, Suffering and Responsibility |
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156 | (21) |
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9 The Human Right to Water and Beyond: Some Reflections on Water Justice and Water Reform in Zimbabwe |
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177 | (21) |
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10 Access to Justice for Refugees |
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198 | (25) |
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11 Islamic Law, Social Justice and Injustices: The Case for Islamic Welfare Systems |
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223 | (17) |
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12 Countering Corruption to Promote Social Justice in the Global Fund to Fight AIDS, Tuberculosis and Malaria: The Case of Uganda |
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240 | (17) |
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13 `In My Own Village': Chronotopes, Governmentality and the Changing Regulation of Traditional Medicine in Kenya |
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257 | (21) |
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| Index |
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278 | |
Sam Adelman is a Reader in the Law School at the University of Warwick. He was a student leader and was exiled during the struggle against apartheid in South Africa. His recent publications cover issues including climate change, climate justice, international environmental law, human rights, geoengineering, development and sustainable development. He has degrees from Wits University, Harvard University and the University of Warwick. He is a Research Associate at Nelson Mandela University and North-West University in South Africa and has been a visiting Professor in Ethiopia, Malawi, Kenya, Zimbabwe and South Africa and a visiting Fellow at the University of Rosario in Colombia. He has been involved in the founding of the global Law and Development Research Network (https://lawdev.org).
Abdul Paliwala is Emeritus Professor of Law at the University of Warwick where he was involved in the founding and teaching of Law in Development (renamed LLM International Development Law and Human Rights) since 1981. He has also been involved in the founding of the global Law and Development Research Network (https://lawdev.org). He previously taught at the Queens University of Belfast, the University of Dar es Salaam and the University of Papua New Guinea, where he also worked as the Secretary of the Law Reform Commission. He was Director of the CTI Law Technology Centre for UK Law Schools, the Law Courseware Consortium, the UK Centre for Legal Education and the Electronic Law Journals Project that published the Journal of Information Law and Technology and Law Social Justice and Global Development.
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