Title: Comparative Law and Jurisprudence in Namibia
Subtitle: Functions, Methods and Perspectives from Selected Jurisdictions
Editors: Samuel Kwesi Amoo; Tapiwa Victor Warikandwa; Kennedy Kariseb
Publisher: University of Namibia Press
Windhoek, Namibia 2025
ISBN 9789994557233 / ISBN 978-99945-57-23-3
Softcover, 17 x 24 cm, 645 pages
Comparative law examines the differences and similarities between various countries' laws and legal systems across the world, such as common, civil and socialist laws. Its significance has grown dramatically in the current era of internationalism, populism, (economic) globalization, and democratization. Despite its relevance, Namibia lacks scholarly literature in comparative law. Comparative Law and Jurisprudence in Namibia provides in-depth understanding of the theoretical framework of different legal systems and of comparative law, and contextualizes its application for the Namibian context, particularly towards a unified legal system. It addresses topics such as comparative law's conceptual framework, the interplay between courts and comparative law, and comparative law praxis, or the practical application thereof. The chapters span across all levels of comparativism and promote a multidisciplinary approach to discourse including altering Namibian legal education. Futhermore the collection accelerates required legislative change in Namibia to guarantee a legal structure aligned with societal and constitutional imperatives in the twenty-first century.
Foreword 1
Justice Peter Sam Shivute, Chief Justice of the
Republic of Namibia
Foreword 2
Professor Peter H Katjavivi, Speaker of the National Assembly of Namibia
Preface
Acknowledgements
Abbreviations
Comparative law in the 21st century: an introduction
Tapiwa V Warikandwa, Samuel K Amoo and Kennedy Kariseb
Comparative law: a theoretical framework
Walter J Kamba (republished with permission)
Tracing the early origins of comparative law
George Mousourakis (republished with permission)
An overview of major legal systems of the world
Kenneth F Mundia and Rebbeca Haimbili
Methodologies and techniques of comparative law
Ndatega V Asheela-Shikalepo and Kenneth F Mundia
An overview of socialist law from the perspective of an African legal framework
Tapiwa V Warikandwa
Comparative law and the internationalisation of laws and legal systems
Kennedy Kariseb
Relevance of African jurisprudential theories in comparative legal processes
Samuel K Amoo, Clever Mapaure and Kennedy Kariseb
COMPARATIVE LAW AND JURISPRUDENCE IN NAMIBIA
The court system in Namibia: judicial cross-fertilisation and the courts
Petrus T Damaseb
Liability in unjustified enrichment: a comparative overview of the Namibian, Continental European, English, Argentinean and Brazilian legal systems
Aimite Jorge
Comparative law in Africa: an appraisal of the role of legal comparativism in the development of African law
Tapiwa V Warikandwa, Eugene L Libebe and Denis U Zaire
Decolonial theory: a critical analysis of the ways in which legal transplant manifests coloniality - a comparative study study of southern African and southern Asian states
Pilisano Masake and Eugene L Libebe
Comparative law and the transformation of legal education in the 21st century: lessons for Namibia
Tapiwa V Warikandwa
African customary law and comparative law in contemporary Africa: a Namibian perspective
Eugene L Libebe and Samuel K Amoo
Comparing in the ascertainment of customary law: jurisprudential remarks
Manfred O Hinz
Comparative constitutional law: application of the Bill of Rights
Samuel K Amoo
Expropriation: a comparative study of the jurisprudence of Ghana, Namibia, South Africa and Zimbabwe
Samuel K Amoo
Bail jurisprudence of Ghana, Namibia, Zambia and South Africa
Samuel K Amoo
Jurisprudence of the right to trial within a reasonable time in Namibia and Zambia
Samuel K Amoo
Law on adultery: a comparative overview of seven jurisdictions
Eugene L Libebe, Tapiwa V Warikandwa and Samuel K Amoo
Secessionism or self-determination vs territorial sovereignty: a comparative analysis of legal arguments for secessionist movements in Namibia, Canada and Spain
Christian Harris
Locus standi in Namibia: a serious impediment to social justice
John Nakuta
About the editors
About the authors
Index
