The African Challenge to Global Death Penalty Abolition PDF Download

Author: Andrew Novak
Publisher:
ISBN: 9781780682945
Category : Capital punishment
Languages : en
Pages : 0

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Book Description
Although the influence and opinions of political elites, civil society, and the general public vary widely, the death penalty is universally in decline throughout Sub-Saharan Africa. This book explores the African contribution to the global death penalty debate and lessons for the international death penalty abolition movement.

Author: Aimé Muyoboke Karimunda
Publisher: Routledge
ISBN: 1317036336
Category : Law
Languages : en
Pages : 281

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Book Description
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.

Author: Ivan Šimonović
Publisher: UN
ISBN: 9789211542158
Category : Law
Languages : en
Pages : 212

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Book Description
Capital punishment is irrevocable. It prohibits the correction of mistakes by the justice system and leaves no room for human error, with the gravest of consequences. There is no evidence of a deterrent effect of the death penalty. Those sacrificed on the altar of retributive justice are almost always the most vulnerable. This book covers a wide range of topics, from the discriminatory application of the death penalty, wrongful convictions, proven lack of deterrence effect, to legality of the capital punishment under international law and the morality of taking of human life.

Author: Fainos Mangena
Publisher: Vernon Press
ISBN: 1622733754
Category : Philosophy
Languages : en
Pages : 251

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Book Description
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.

Author: Andrew Novak
Publisher: Routledge
ISBN: 1317030281
Category : Political Science
Languages : en
Pages : 195

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Book Description
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.

Author: Andrew Novak
Publisher:
ISBN: 9781780685465
Category : Capital punishment
Languages : en
Pages : 204

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Book Description
An overview of the death penalty in Sub-Saharan Africa -- The Gambia -- Ghana -- Botswana -- Lesotho and Swaziland -- Zimbabwe -- Kenya -- Uganda

Author: Hugo Adam Bedau
Publisher:
ISBN: 9780914031017
Category : Capital punishment
Languages : en
Pages : 0

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Book Description

Author: Andrew Novak
Publisher: Springer Nature
ISBN: 3030285464
Category : Law
Languages : en
Pages : 191

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Book Description
This book analyzes the role of strategic human rights litigation in the dissemination and migration of transnational constitutional norms and provides a detailed analysis of how transnational human rights advocates and their local partners have used international and foreign law to promote abolition of the death penalty and decriminalization of homosexuality. The “sharing” of human rights jurisprudence among judges across legal systems is currently spreading emerging norms among domestic courts and contributing to the evolution of international law. While prior studies have focused on international and foreign citations in judicial decisions, this global migration of constitutional norms is driven not by judges but by legal advocates themselves, who cite and apply international and foreign law in their pleadings in pursuit of a specific human rights agenda. Local and transnational legal advocates form partnerships and networks that transmit legal strategy and comparative doctrine, taking advantage of similarities in postcolonial legal and constitutional frameworks. Using examples such as the abolition of the death penalty and decriminalization of same-sex relations, this book traces the transnational networks of human rights lawyers and advocacy groups who engage in constitutional litigation before domestic and supranational tribunals in order to embed international human rights norms in local contexts. In turn, domestic human rights litigation influences the evolution of international law to reflect state practice in a mutually reinforcing process. Accordingly, international and foreign legal citations offer transnational human rights advocates powerful tools for legal reform.

Author: David Garland
Publisher: Harvard University Press
ISBN: 0674058488
Category : History
Languages : en
Pages : 428

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Book Description
The U.S. death penalty is a peculiar institution, and a uniquely American one. Despite its comprehensive abolition elsewhere in the Western world, capital punishment continues in dozens of American states– a fact that is frequently discussed but rarely understood. The same puzzlement surrounds the peculiar form that American capital punishment now takes, with its uneven application, its seemingly endless delays, and the uncertainty of its ever being carried out in individual cases, none of which seem conducive to effective crime control or criminal justice. In a brilliantly provocative study, David Garland explains this tenacity and shows how death penalty practice has come to bear the distinctive hallmarks of America’s political institutions and cultural conflicts. America’s radical federalism and local democracy, as well as its legacy of violence and racism, account for our divergence from the rest of the West. Whereas the elites of other nations were able to impose nationwide abolition from above despite public objections, American elites are unable– and unwilling– to end a punishment that has the support of local majorities and a storied place in popular culture. In the course of hundreds of decisions, federal courts sought to rationalize and civilize an institution that too often resembled a lynching, producing layers of legal process but also delays and reversals. Yet the Supreme Court insists that the issue is to be decided by local political actors and public opinion. So the death penalty continues to respond to popular will, enhancing the power of criminal justice professionals, providing drama for the media, and bringing pleasure to a public audience who consumes its chilling tales. Garland brings a new clarity to our understanding of this peculiar institution– and a new challenge to supporters and opponents alike.

Author: A. Novak
Publisher: Springer
ISBN: 1137438770
Category : Social Science
Languages : en
Pages : 162

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Book Description
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.