1st Edition
Beyond Law and Development Resistance, Empowerment and Social Injustice
The book highlights new imaginaries required to transcend traditional approaches to law and development. The authors focus on injustices and harms to people and the environment, and confront global injustices involving impoverishment, patriarchy, forced migration, global pandemics and intellectual rights in traditional medicine resulting from maldevelopment, bad governance and aftermaths of colonialism. New imaginaries emphasise deconstruction of fashionable myths of law, development, human rights, governance and post-coloniality to focus on communal and feminist relationality, non-western legal systems, personal responsibility for justice and forms of resistance to injustices.
The book will be of interest to students and scholars of development, law and development, feminism, international law, environmental law, governance, politics, international relations, social justice and activism.
Introduction
SAM ADELMAN AND ABDUL PALIWALA
Part I
Towards New Imaginaries
1. Shifting the Frame from Law in Development to Ending Injustice
SAM ADELMAN AND ABDUL PALIWALA
2. The Post-Hobbesian State, Sovereignty and Development
RAZA SAEED
3. Returning the Anti-Colonial to Philosophy
JAYAN NAYAR
4. The Constitution of Turbulence
ILLAN RUA WALL
5. ‘I Built this House on my Back’: An Historical Perspective on Care and Property in East Africa
AMBREENA MANJI, AND ANN STEWART
6. The Role of Community in Human-Rights and Development Discourse: Resisting Apathy and Antipathy
OCHE ONAZI
Part II
Rights and Injustices
7. Transnational human rights obligations: Beyond territory and state
WOUTER VANDENHOLE
8. Beyond Development: Human Rights, Personal Responsibility and the Search for Meaning
ANDREW WILLIAMS
9. The Human Right to Water and Beyond: Some Reflections on Water Justice and Water Reform in Zimbabwe
BILL DERMAN AND ANNE HELLUM
10. Access to Justice for Refugees
DALLAL STEVENS
11. Islamic Law, Social Justice and Injustices: The Case for Islamic Welfare Systems
SHAHEEN SARDAR ALI AND FAQIR ASFUNDYAR YOUSAF
12. Countering corruption to promote social justice in the Global Fund to Fight AIDS, Tuberculosis and Malaria: The Case of Uganda
MONICA TWESIIME KIRYA AND SHARIFAH SEKALALA
13. ‘In My Own Village’: Chronotopes, Governmentality and the Changing Regulation of Traditional Medicine in Kenya
JOHN HARRINGTON
Biography
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 Queen’s 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.
