University of Dar es Salaam School of Law

Permanent URI for this community

https://repository.udsm.ac.tz/handle/123456789/7

Browse

Filter results by year or month

Now showing 1 - 20 of 129

Lawyers in Neoliberalism. Authority’s Professional Supplicants or Society’s Amateurish Conscience?
(University of Dar es Salaam, 206-07-15) Shivji, Issa G.
The Mystery of Capital has the po- tential to create a new, enormously beneficial revolution, for it addresses the single greatest source of failure in the Third World and ex-communist countries — the lack of a rule of law that upholds private property and provides a framework for enterprise. It should be compulsory reading for all in charge of the wealth of nations.
Peasants and Class Alliances
(Taylor & Francis, 1975) Shivji, Issa G.
The conditions under which capitalism has penetrated African countries have not produced the kind of capitalist development that occurred in Europe. It is out of this recognition that an analysis must be undertaken of the process of differentiation of the peasantry. While some ranks of the peasantry protect their interests by fraternising with the bureaucracy, the poor peasantry is exploited by both internal and external dominating classes. The concept of the worker‐peasant alliance thus grows from an analysis of both the working class and poor peasantry in relation to other classes, from their role in social production, and their objective interests in conflict with imperialism and its local class allies. At the same time class struggle and class alliance require indispensably a political ideology and political organisation based on proletarian class consciousness.
Agrarian Problems and Development
(University of Dar es Salaam, 1980-08-12) Shivji, Issa G.
Law, State and the Working Class in Tanzania
(African Studies Program, University of Wisconsin-Madison, 1989) Shivji, Issa G.; Nimtz, August
The Concept of Human Rights in Africa
(CODESRIA, 1989) Shivji, Issa G.
Hitherto the human rights debate in Africa has concentrated on the legal and philosophical. The author, Professor of Law at the University of Dar es Salaam, here moves the debate to the social and political planes. He attempts to reconceptualise human rights ideology from the standpoint of the working people in Africa. He defines the approach as avoiding the pitfalls of the liberal perspective as being absolutist in viewing human rights as a central question and the rights struggle as the backbone of democratic struggles. The author maintains that such a study cannot be politically neutral or intellectually uncommitted. Both the critique of dominant discourse and the reconceptualisation are located within the current social science and jurisprudential debates.
Taxation of Retirement Benefits Under the Income Tax Laws of Tanzania
(1989) Luoga, Florens
This sourcebook has been written for the sole purposes of guiding students of Tanzania Tax Law in the study of the Income Tax Law in Tanzania. Taxi ng statutes are very fluid statutes. They are subject to frequent yearly changes. As such, this sourcebook is subject to annual reviews. While the sourcebook attempts to address interests of tax law practitioners and other practitioners it does not delve deeper in the most advanced and complex aspects of taxation, particularly relating to intricate corporate finance and tax implications thereof. These are the subject of a next publication which is under preparation
Time to Reopen a National Debate on Democracy
(1990-12-12) Shivji, Issa G.
The article sharply distinguishes between democracy and multiparty system and argues that while the later may be necessary it is not sufficient to constitute democratic politics. The article argues for a protracted democratisation process of entering multiparty system so as to ensure that the multiparty system is based on a national consensus which would underlie a new constitutional order. Since then we have had two general elections and the recent tragic events all of which show that we are dangerously slipping into narrow nationlaism and parochialism. Several weeks ago President Mwinyi said that the Government was intending to form a commission which would monitor the views of the people in the current debate on oneparty vs. multiparty. However, he said, the Government would welcome any suggestion on a different method of concluding the debate. It is in the light of this invitation that I humbly offer my views. Origin and Content of the Debate The method that we eventually adopt to arrive at a decision on the various issues raised by the debate depends partly on the position we take on the origin and the content of the current debate. Examination of various contributions which have been made so far reveal at least two broad positions. The first position sees the number of parties whether oneparty or multiparty as the central issue in the existing debate. It probably also holds that the immediate origins of the debate lie in two sources: changes in Eastern Europe on the one hand, and the pressures from Western Europe to adopt a multiparty system, on the other. Those who explicitly or impliedly subscribe to this position, whether in favour of oneparty or multiparty, use the experiences and theories of the oneparty Eastern and the multiparty Western Europe as their points of departure and reference as well as in justification and rationalisation of their views. The second position holds that the central issue in the debate is the question of democracy and that the party system is only an aspect of democracy. Furthermore, the debate on democracy has been an on going process within our country albeit with ups and downs. The most recent example of such a debate was the constitutional debate of 1983/84. This position therefore tends to belittle the changes in Eastern Europe as having little to do with the current debate in Tanzania.
The democracy Debate in Africa: Tanzania
(Taylor & Francis, 1991-03) Shivji, Issa G.
Directors Duties
(1991-06) Luoga, Florens
Eighth Amendment Fiasco at Law
(University of Dar es Salaam, 1992-04-23) Shivji, Issa G.
The proposed Bills being presented to the National Assembly at the end of this month following the adoption of multi-party system raise a number of issues. The first issue is the context and the circumstances under which these Bills are being presented to the Assembly. It is not clear from the Bills or the political statements made by various leaders whether what is proposed in them constitutes interim measures for a transition to a new multi-party constitution or that these proposals are indeed what would be the final shape of the multi-party democracy in Tanzania. Lack of clarity on this issue arises primarily because the Government has so far issued no statement, let alone a White Paper, on their attitude to the Nyalali Report.
Administration of Estates
(1993) Luoga, Florens
Intellectuals at the Hill
(Dar es Salaam University Press, 1993) Shivji, Issa G.
Intellectuals in Politics
(1993-01-30) Shivji, Issa G.
Sokoine Memorial Lecture
(Sokoine University of Agriculture, 1993-04-16) Shivji, Issa G.
Conditions For the Functioning of A Democratic Constitution
(Faculty of Law and the Friedrick Naumann Foundation, 1994)., 1994) Luoga, Florens
In his paper entitled Conditions for the Functioning of a Democratic Constitution in Tanzania (1994), Prof Florence Luoga says: “It is very important that the Bill of Rights should cover the right to query the government in court in matters, which affect the people, which are disruptive to harmony and which are injurious and wasteful to the economy. There should be a right for the citizen to compel the government to disclose information, which is crucial for citizens to understand and appraise the functioning of the government.” Yet, the Constitution does not grant this right.
Rule of Law during Transition to Democracy in Tanzania
(Global Coalition for Africa, 1995) Luoga, Florens
Consumer Protection: A Case for Legislative Control of the Public Transport Service
(The Tanzania Consumer Protection Association, 1995) Luoga, Florens
Formulation of Tax Policy in a Developing country
(Faculty of Law and the Friedrich Naumann Foundation 1995)., 1995) Luoga, Florens
The Rule of Law and Ujamaa in the Ideological Formation of Tanzania
(SAGE Publications, 1995-06) Shivji, Issa G.
The article investigates the extent to which the ideology of rule of law serves to mobilize consent in the Tanzanian formation. It reviews the position in the extant literature which argues that the failure of the rule of law as a legitimizing ideology in African political formations is largely because of the incapacity of the African ruling classes to sustain such a project given the dependent or neo-colonial economic conditions of their societies. The article questions whether this is the sole explanation and puts forward the position that the rule of law ideology is not necessarily resonant with the world view of popular classes in Tanzania. In this regard, it is argued that the Western debate on the rule of law as an 'unqualified good' and the focus on rights struggle are not uncritically transferable to an African situation. It calls for an intellectual break from the current celebration of liberalism, constitutionalism and human rights as the only, or even the principal, alternative ideologies for a popular project of social emancipation and national liberation.
Contract Law: Part II: Contents, Consent and Discharge of Contracts
(Open University of Tanzania, 1996) Luoga, Florens

Browse

Browsing University of Dar es Salaam School of Law by Issue Date

Results Per Page

Sort Options