This book is about an African philosophical examination of the death penalty debate. In a 21st century world where the notion of human right is primed, this book considers the question of the death penalty in two sub-Saharan African countries namely, Zimbabwe and Nigeria, notorious for their poor human right records. This edited collection comprises of 11 essays from Zimbabwean and Nigerian philosophers. As opinions continue to divide over the retention or abolition of the death penalty, these African philosophers attempt to localise this debate by raising the following questions: What is the meaning of life in the African place? Is it proper to take the human life under any guise at all? Who has the right to take the human life? Can the death penalty be jutified on the bases of African cultures? Why should it be abolished? Why should it be retained? Indeed, this book is the first of its kind to engage the tumultuous issue of capital punishment in the postcolonial Africa and from the African philosophical point of view.

This book is an updated and reworked version of the thesis which was submitted in fulfilment of the requirements for the degree Doctor of Laws (LLD) in the Faculty of Law, University of Pretoria.

Human development is not simply about wealth and economic well-being, it is also dependent upon shared values that cherish the sanctity of human life. Using comparative methods, archival research and quantitative findings, this book explores the historical and cultural background of the death penalty in Africa, analysing the law and practice of the death penalty under European and Asian laws in Africa before independence. Showing progressive attitudes to punishment rooted in both traditional and modern concepts of human dignity, Aimé Muyoboke Karimunda assesses the ground on which the death penalty is retained today. Providing a full and balanced appraisal of the arguments, the book presents a clear and compelling case for the total abolition of the death penalty throughout Africa. This book is essential reading for human rights lawyers, legal anthropologists, historians, political analysts and anyone else interested in promoting democracy and the protection of fundamental human rights in Africa.

An indispensable reference and research tool for capital punishment scholars.

In recent years the death penalty has sharply declined across Africa, but this trend belies actual public opinion and the retributivist sentiments held by political elites. This study explains capital punishment in Africa in terms of culturally specific notions of life and death as well as the colonial-era imposition of criminal and penal policy.

This collection asks questions about the received wisdom of the debate about capital punishment. Woven through the book, questions are asked of, and remedies proposed for, a raft of issues identified as having been overlooked in the traditional discourse. It provides a long overdue review of the disparate groups and strategies that lay claim to abolitionism. The authors argue that capital litigators should use their skills challenging the abuses not just of process, but of the conditions in which the condemned await their fate, namely prison conditions, education, leisure, visits, medical services, etc. In the aftermath of successful constitutional challenges it is the beneficiaries (arguably those who are considered successes, having been ’saved’ from the death penalty and now serving living death penalties of one sort or another) who are suffering the cruel and inhumane alternative. Part I of the book offers a selection of diverse, nuanced examinations of death penalty phenomena, scrutinizing complexities frequently omitted from the narrative of academics and activists. It offers a challenging and comprehensive analysis of issues critical to the abolition debate. Part II offers examinations of countries usually absent from academic analysis to provide an understanding of the status of the debate locally, with opportunities for wider application.

This book is about an African philosophical examination of the death penalty debate. In a 21st century world where the notion of human right is primed, this book considers the question of the death penalty in two sub-Saharan African countries namely, Zimbabwe and Nigeria, notorious for their poor human right records. This edited collection comprises of 11 essays from Zimbabwean and Nigerian philosophers. As opinions continue to divide over the retention or abolition of the death penalty, these African philosophers attempt to localise this debate by raising the following questions: What is the meaning of life in the African place? Is it proper to take the human life under any guise at all? Who has the right to take the human life? Can the death penalty be justified on the bases of African cultures? Why should it be abolished? Why should it be retained? Indeed, this book is the first of its kind to engage the tumultuous issue of capital punishment in the postcolonial Africa and from the African philosophical point of view.

This collection of essays in honour of Frans Viljoen shines a light on the increasingly important place of compliance in international law. With essays from leading scholars in the field of international human rights law, this festschrift provides compelling analysis of the nature of compliance in the African human rights context, the challenges that affect its place in these legal systems, and the ways in which increased compliance can be achieved. The volume is divided into three parts exploring: theoretical perspectives, thematic perspectives, and institutional perspectives. Each in turn helps to build a picture of theory and practice charting the historic developments of human rights law with several case studies to illustrate. Contributors provide detailed comparison with other national legal systems, such as the Inter-American IACHR and Court, placing these reflections in their global comparative context. The work concludes by considering the ways in which challenges can be overcome to achieve increased compliance with international human rights law in Africa. Compliance with International Human Rights Law in Africa is not only a work to honour the contributions of Frans Viljoen but is also an invaluable resource for researchers, practitioners, and policy makers, in the field of international human rights law.

The Elgar Companion to Capital Punishment and Society presents a multidisciplinary overview of capital punishment’s influences, processes and outcomes across society. A global range of philosophers, social scientists, legal experts, political theorists and historians critically analyse the trajectory of the death penalty in both retentionist and abolitionist countries, underscoring how state killing remains a crucial issue worldwide.

Historically, at English common law, the death penalty was mandatory for the crime of murder and other violent felonies. Over the last three decades, however, many former British colonies have reformed their capital punishment regimes to permit judicial sentencing discretion, including consideration of mitigating factors. Applying a comparative analysis to the law of capital punishment, Novak examines the constitutional jurisprudence and resulting legislative reform in the Caribbean, Sub-Saharan Africa, and South and Southeast Asia, focusing on the rapid retreat of the mandatory death penalty in the Commonwealth over the last thirty years. The coordinated mandatory death penalty challenges - which have had the consequence of greatly reducing the world’s death row population - represent a case study of how a small group of lawyers can sponsor human rights litigation that incorporates international human rights law into domestic constitutional jurisprudence, ultimately harmonizing criminal justice regimes across borders. This book is essential reading for anyone interested in the study and development of human rights and capital punishment, as well as those exploring the contours of comparative criminal justice.