ABSTRACT

African legal realities reflect an intertwining of transnational, regional, and local normative frameworks, institutions, and practices that challenge the idea of the sovereign territorial state. This book analyses the novel constellations of governance actors and conditions under which they interact and compete. The work follows a spatial approach as the emphasis on normative spaces opens avenues to better understand power relations, processes of institutionalization, and the production of legitimacy and normativities themselves.

Selected case studies from thirteen African countries deliver new empirical data and grounded insights from, and into, particular normative spaces. The individual chapters explore the interrelationships between various normative orders, diverse actors, and their influences. The encounters between different normative understandings and actors open up space and multiple forums for negotiating values. The authors analyse how different doctrines, institutions, and practices are constructed, contested, negotiated, and adapted in translation processes and thereby continuously reshape Africa’s multidimensional normative spaces.

The volume delivers nuanced views of jurisprudence in Africa and presents an excellent resource for scholars and students of anthropology, legal geography, legal studies, sociology, political sciences, international relations, African studies, and anyone wishing to gain a better understanding of how legal constellations are shaped by unreflected assumptions about the state and the rule of law.

chapter |16 pages

Prologue

Normative spaces in Africa: constructing, contesting, renegotiating, and adapting dynamics 1

part I|63 pages

Constructing normative spaces

chapter 1|22 pages

‘Forensic Fetishism’ and human rights after violent conflict

Uncovering Somaliland’s troubled past

chapter 2|20 pages

Transitional justice atmospheres

The role of space and affect in the International Criminal Court’s outreach efforts in Northern Uganda

chapter 3|19 pages

The Libyan constitution-making process

A tool for state-building in a divided socio-normative space?

part II|67 pages

Contesting normative spaces

chapter 5|15 pages

Contesting normative spaces

The status of African traditional courts under international human rights law

chapter 6|26 pages

Protecting groups in Africa

Between international law, national law, and local customary law *

part III|53 pages

Re-negotiating normative spaces

chapter 7|21 pages

Mind the gaps

Renegotiating South African legal pluralism within the post-apartheid state *

chapter 8|16 pages

Judicial governance in Ghana

Negotiating jurisdictional authority in the post-colonial state

chapter 9|14 pages

Living customary law in South Africa

Negotiating spaces for women in traditional communities 1

part IV|92 pages

Adapting normative spaces

chapter 10|16 pages

The legal laboratory in Rwanda

Experimentalization and adaptation

chapter 11|25 pages

Negotiated outcomes in low-resourced courts

Tanzania’s land courts system

chapter 12|22 pages

Land grabbing in Ethiopia

Questioning FDI and big government projects

chapter 13|19 pages

Whither courts? Forest protection in Kenya

Case of Mau Forest 1

chapter |8 pages

Epilogue

Beyond a linear model of law in space and time