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http://ssrn.com/abstract=1010148
 
 

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Witchcraft and Statecraft: Liberal Democracy in Africa


Nelson Tebbe


Brooklyn Law School; Cornell Law School


Georgetown Law Journal, Vol. 96, p. 183, 2007
Brooklyn Law School, Legal Studies Paper No. 84

Abstract:     
This Article addresses the prospects of liberal democracy in non-Western societies. It focuses on South Africa, one of the newest and most admired liberal democracies, and in particular on its efforts to recognize indigenous African traditions surrounding witchcraft and related occult practices. In 2004, Parliament passed a law that purports to regulate certain occult practitioners called traditional healers. Today, lawmakers are under pressure to go further and criminalize the practice of witchcraft itself. This Article presses two arguments. First, it contends that the 2004 statute is compatible with liberal principles of equal citizenship and the rule of law. Second, it warns against outlawing witchcraft as such. Subjecting suspected sorcerers to criminal punishment based on governmental determinations of guilt that many will perceive to be unprincipled would work too much damage to individual autonomy and national unity, among other values. These arguments are designed to contribute to a wider discussion about the capacity of liberalism to respond to the global resurgence of religious traditionalism, especially in countries where traditionalists may comprise a large majority of the citizenry.

Number of Pages in PDF File: 54

Keywords: South Africa, witchcraft, religious traditions


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Date posted: August 29, 2007 ; Last revised: August 8, 2008

Suggested Citation

Tebbe, Nelson, Witchcraft and Statecraft: Liberal Democracy in Africa. Georgetown Law Journal, Vol. 96, p. 183, 2007; Brooklyn Law School, Legal Studies Paper No. 84. Available at SSRN: http://ssrn.com/abstract=1010148

Contact Information

Nelson Tebbe (Contact Author)
Brooklyn Law School ( email )
250 Joralemon Street
Brooklyn, NY 11201
United States
718.780.7960 (Phone)

Cornell Law School ( email )
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