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Singing the Law is about the legal lives and afterlives of oral cultures in East Africa, particularly as they appear within the pages of written literatures during the colonial and postcolonial periods. In examining these cultures, this book begins with an analysis of the cultural narratives of time and modernity that formed the foundations of British colonial law. Recognizing the contradictory nature of these narratives (i.e., both promoting and retreating from the Euro-centric ideal of temporal progress) enables us to make sense of the many representations of and experiments with non-linear, open-ended, and otherwise experimental temporalities that we find in works of East African literature that take colonial law as a subject or point of critique. Many of these works, furthermore, consciously appropriate orature as an expressive form with legal authority. This affords them the capacity to challenge the narrative foundations of colonial law and its postcolonial residues and offer alternative models of temporality and modernity that give rise, in turn, to alternative forms of legality. East Africa’s “oral jurisprudence” ultimately has implications not only for our understanding of law and literature in colonial and postcolonial contexts, but more broadly for our understanding of how the global south has shaped modern law as we know and experience it today.
This book explains the principles and practises of the 1998 Land Act, which brought about substantial changes to the land tenure laws of Uganda. It is organised into the following chapters: the historical background and context of the act; mortgages; land ownership; servitudes over the land; administration, control and dispute settlement; co-ownership; the general principles of land law; expropriated property; and the registration of the Titles Act. Tables of cases and statutes are also included.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in Uganda deals with the issues related to rights and interests in all kinds of property and assets – immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in Uganda will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.
The essays collected in this volume examine the development of democratic and human rights practices while evaluating the performance of the Appeals Court for the past twenty-five years.
The guide clearly and concisely shows how to source legal information, and how to deal with legal databases and the need-it-now demands of the marketplace. This second edition has been fully revised and updated, and will include for the first time: Internet addresses for the leading law information sites (both free and subscriber-only), and information on the law publications/Internet sites of the newly formed Scottish Parliament and Welsh Assembly. Contents: Introduction; Finding and using a law collection; The literature of law in the British Isles; The literature of law in selected countries outside the British Isles; Contacts.
The theory of natural law grounds human laws in the universal truths of God’s creation. Until very recently, lawyers in the Western tradition studied natural law as part of their training, and the task of the judicial system was to put its tenets into concrete form, building an edifice of positive law on natural law’s foundations. Although much has been written about natural law in theory, surprisingly little has been said about how it has shaped legal practice. Natural Law in Court asks how lawyers and judges made and interpreted natural law arguments in England, Europe, and the United States, from the beginning of the sixteenth century to the American Civil War. R. H. Helmholz sees a remarkable consistency in how English, Continental, and early American jurisprudence understood and applied natural law in cases ranging from family law and inheritance to criminal and commercial law. Despite differences in their judicial systems, natural law was treated across the board as the source of positive law, not its rival. The idea that no person should be condemned without a day in court, or that penalties should be proportional to the crime committed, or that self-preservation confers the right to protect oneself against attacks are valuable legal rules that originate in natural law. From a historical perspective, Helmholz concludes, natural law has advanced the cause of justice.
This book focuses on the Ugandan legal position of contract and the relevant literature on the subject. The history of contract and law applicable in Uganda are examined and the ingredients of forming the contract in the form of offer, acceptance, consideration, contractual intention, and capacity. The book then analyses the form and terms of a contract taking into account developments in the UK in relation to exemption clauses and fundamental breach, It also examines the vital elements of a contract namely mistake, misrepresentation, duress, undue influence, and illegality and analyses the concept of privity which is extended to agency and assignment. The concluding chapters deal with discharge of the contract and remedies for breach of contract.