• Critical and Biographical Essays of Nana Dr. S.K.B. Asante: From an African Village to the Global Village and Back (Hardcover)

    Few Ghanaians of any generation have had a career as long, as varied, and as consequential as Nana S.K.B. Asante’s: government attorney; law teacher; international public servant; constitution framer; adviser to sovereign parties; commercial arbitrator; public intellectual; traditional monarch. Just as impressive is the fact that, in each of these substantial roles, Nana has left a trail of writings. My own first encounter with Nana’s scholarship happened during my time at Yale Law School, his alma mater. As an editor on the law review, I was curious to know whether any Ghanaian had been published by the prestigious journal. My search led me to a fascinating article on Ghanaian property and customary law written by Samuel K.B. Asante in the 1965 volume of the journal. At the time of my discovery, his was the only article by a Ghanaian published in the 100-year history of the journal. I would later discover many more of his academic writings, some of which I assigned to my class in my years as a law teacher.

    This book collects in one volume some of Nana’s mostly “non-academic” writings. The essays tell, in characteristically fine prose rich in biography and history, the story of an intellectual-technocrat keen to use his wealth of knowledge to address contemporary problems of development and to put that expertise in the service of his country–and of the developing world at large. The publication of this selection of Nana S.K.B. Asante’s writings, in the 90th year of his life, is a monumental accomplishment and a befitting capstone of a long and distinguished career.

    PROF. H. KWASI PREMPEH
    Executive Director of Ghana Center for Democratic Development

     

    The incredibly rich collection of writings by the eminent international lawyer, scholar, respected global development expert and prominent traditional ruler, Nana S.K.B Asante, takes the reader on a remarkable journey of nearly seven decades of illumination. His vivid experiences, enormous achievements and witty recollections reveal the remarkable growth of a curious mind and a disciplined intellectual dedicated ultimately to the service of humanity from his native village to the global village. In characteristic modesty, Nana claims not to be a historian, but this book is a historical gold mine filled with nuggets of analysis on the evolution of education, law, science, social policy, public service, constitutional development, nation building and chieftaincy in Ghana, enriched with valuable insights into the solid contributions of illustrious men and women. His penetrating and critical analyses of international development cooperation in the fields of investments, energy, water and natural resources in Asia and Africa must be lessons for all developing countries. This rich resource book is highly recommended.

    DR. AGNES AKOSUA AIDOO
    Former Social Policy Adviser, UN Economic Commission for Africa

     

    This masterpiece by Nana SKB Asante which narrates his life journey from his hometown at Asokore to Achimota, academia, diplomacy and finally back home is unique, inspiring and educative. The Book covers a broad spectrum of academic disciplines including constitutional law, commercial law, criminal law, international law, chieftaincy, leadership and governance, sociology, history and religions. It provides a vivid account of the constitutional history of Ghana from the author’s personal knowledge. The author who had the singular honour to chair the Committee of Experts which gave birth to Ghana’s 1992 Constitution also held the positions of Solicitor-General and Deputy Attorney-General under different democratic and military governments. Nana SKB Asante has used simple diction to convey his wealth of knowledge, experience and wisdom, acquired from both local and international levels in different capacities to inculcate in his audience the spirit of patriotism. The book is a must read!

    JUSTICE DENNIS DOMINIC ADJEI, FGA
    Justice of The Court of Appeal

  • The Law of Mortgages in Ghana

    The Law of Mortgages in Ghana discusses the Law relating to the use of immovable property as security for the repayment of a loan or the performance of some other obligations. It explores the historical contours of mortgages tracing its evolution from ancient Roman times through its development in English Law and how it was received in Ghana as a legacy of colonization as well as statutory interventions in Ghana. It discusses the various ways in which a mortgage may be created under Ghanaian Law as well as the essential characteristics of a mortgage and the incidents captured in the maxim “once a mortgage, always a mortgage”.

    In this regard, it also discusses the nuances and legal ramifications of mortgaging marital property or property belonging to a spouse, particularly married women, as well as the considerations of independent legal advice leading to the conclusion of a mortgage transaction.

    This book also addresses the remedies available to a mortgage in the event of default. The remedies discussed include suing the mortgagor on his personal covenant to perform; sale of the mortgaged property (judicially and statutorily); exercise of the right of possession; and the appointment of a Receiver. These discussions are done in the context of the various relevant statutes such as the Mortgages Act, 1972 (NRCD 96), the Home Mortgage Finance Act, 2008(Act 770) and the Borrowers and Lenders Act, 2008 (Act778). It also discusses the vexed question of priority of mortgages which determines the sequence in which competing claims over a mortgaged property or sale proceeds of a mortgaged property are settled, particularly in the event that the proceeds of sale are not enough to pay all mortgages. Furthermore, it discusses technical concepts relating to priority of mortgages such as tacking, consolidation, marshaling, exoneration and contribution.

    The book also treats the subject of transfer of mortgages by both the transferor and transferee; redemption of mortgages; and pledges. The last chapter of the book is the practitioner’s chapter which focuses on the intricacies of a mortgage action.

  • Labour Law in Ghana: An Essential Guide

    This text is specifically designed to provide an essential guide to the labour law of Ghana. It is a very comprehensive text, covering all aspects of this area of the law, including the distinction between contract of service and contract for services, formation of the contract of employment, termination of the contract of employment, the rights and duties of employers and workers, dismissal of an employee, the distinction between the terms ‘termination’ and ‘dismissal’, as used in the context of employment, strikes as legitimate weapons in the hands of employees/workers and lockouts as legitimate weapons in the hands of employers, occupational health and safety, retirement and pensions and workmen’s compensation.

    The author presents the material in a very simple, straightforward and logically coherent manner and this makes reading the text very fascinating. It is an essential resource for all those seeking to get to grips with this fascinating area of law. Lawyers, Judges, HR Practitioners, Trade Union Leaders, Employers and Workers or Employees will find this text an invaluable resource. Lecturers and students of labour law will also find this text very useful as it fully and thoroughly covers the syllabus requirements of the LLB Laws, BA Human Resource Management, MBA Human Resources and related courses.

  • Akan Kasadwini (Akan Oral Literature)

    The book is a pioneering work of Akan oral literature written in the Akan language. It gives a theoretical view of oral literature and a detailed account of the major genres of oral literature in Akan. It deals with an introduction to literature and some aspects of stylistics. It ushers students of literature into some of the crucial issues of literature. The book deals with what literature is, and what it can afford to individuals and the society as a whole. It considers literature as an indispensable aspect of any society’s life. It also identifies the main characteristics of literature with specific reference to oral literature.

    The book treats some of the major terms in literature and supports them with examples. The book has 25 chapters and each chapter addresses, performance, composition, structure, functions and literary devices. Each chapter ends with sample questions that will help students to revise what they have learned from the chapter.

    The book is in response to the needs of students at the WASSCE, Diploma and Degree levels to the subject matter of oral literature in Akan. This book will also help Training College students both in their course work at college and also in their teaching.

  • Ghana: A Concise History from Pre-Colonial Times to the 20th Century

    This is a comprehensive survey of the history of Ghana from the earliest times to 1992. It discusses the evolution of the different ethnic groups and the social, economic and political institutions and systems they created. It also examines the development of state systems , their contact with the outside world and the economic , social and political consequences of that contact. It discusses the loss of political independence, the recovery of sovereignty and the emergence of the modern state of Ghana.

    The study ends with an examination of the attempt by various rulers after independence to make one nation out of the people of Ghana and promote their economic and social well-being. The book has grown out of lectures the author has delivered to University students over the years. The material has, however, been written in a language that can be understood by all Senior High School students and the general public.

  • Introduction to the Law of Torts in Ghana (Hardcover)

    This book attempts to state the Law of Torts as it should apply in the Ghana legal stem. Article I I of the 1992 Constitution recognises the common law principles as they were received from the Anglo-American common law tradition as part of the Laws of Ghana. Section 54 of the Courts Act, 1993 (Act 459) provides that our courts may in the determination of any issue arising from the common law, adopt, develop and apply remedies from any other legal system based on the Anglo-American legal tradition.

    In many contemporary common law countries, for example the UK and the USA, however, there has been an explosion of statutory interventions in the common law. This is reflected in the discussions of the common law principles in the recent editions of textbooks written in those countries. Unfortunately, these statutes are not “statutes of general application,” as this phrase is used and understood in the Ghana legal system. The admixture of these statutes and the common law in these countries makes the isolation of the parts of those books,  which are helpful to our causes in Ghana, a major challenge.

    This book attempts to isolate what is usable from what is not. The hope of the author and the publishers is that the reader, whether a practitioner or student, will find the principles of torts law, as stated in the book, devoid of the statutory contaminations.

  • The Alchemy of Social Justice: Directive Principles of State Policy

    FREEDOM AND JUSTICE: These twin concepts encapsulate the Ghanaian Dream which is the overarching national manifesto in aid of a project to transform the Ghanaian political State into a free and just society. The object of the transformation is to secure social order through the institution of social justice which, when fueled or energised by patriotism and charity, creates the enabling environment for security and development.

    Political philosophy, in the context of the DPSP, attempts to answer the question as to what the best society for the people of Ghana is. The framers of the Constitution, 1992 answered the question through the provision of the DPSP. For their part, in interpreting and applying the DPSP, the Judiciary must perpetually answer the political philosophical question whether they are in the business of helping to realise a free and just society.

    The society envisaged is the subjective meaning of the political state, the subjective meaning of the relation between the citizen and the political state, and the subjective meaning of freedom and justice as perceived by the citizens of the State. The society is ideational; it has the potential to be attitudinal. In a sense, the State can be visualised as the physical edifice of a symbolic society. The nature of the subjective meaning as perceived by the citizens in the form of a virtual society determines the health of the political state; and one of the main purposes of the DPSP is to control and determine the nature of the virtual society.

    The author’s three approaches to the DPSP depend on the question that the interpreter poses and seeks to answer. The theoretical approach involves freewheeling and fundamental questions that are unrestricted by any enactment or fact situation; the legal approach poses a question that is tethered to an enactment and is, in that regard, restricted by the meaning and context of the relevant enactment; and, the strategic approach deals with society-dependent questions involving a particular fact situation (an event) and an enactment.

    The author suggests that the term enforceability be reserved for the fact that the principle is binding and worthy or deserving of a judicial declaration; that the possibility of molding orders following the declaration is a question of justiciability; and that the term justiciability should be reserved for non-enforcement on account of prudence in the design of orders.

  • Rights in Action: Trends, Challenges & Lessons

    The ‘Rights in Action: Trends, Challenges and Lessons’ examines Supreme Court decisions on rights and freedoms. In the process, attention is drawn to judicial trends, challenges and lessons from jurisdictions such as Ireland, Britain, India, United States of America, Canada and South Africa. Also discussed are issues involving, for example, the repeal of the offence of causing fear and alarm, bail policy, fair trial, full disclosure of the prosecution’s case, scope of freedom of expression and information, spousal rights, political attitude to the vulnerable in society, limits of rights adjudication (polycentricism), doctrine of political questions, reasonableness, proportionality, the Common Law method, nature and scope of rights, freedom and directive principles of social/state policy

  • Commercial Law in Ghana: Sourcebook (Hardcover)

    Commercial Law in Ghana: Sourcebook is written as a primary text for the study and practice of commercial law in Ghana. The book prioritises Ghanaian judicial decisions in the discussion of the various topics and legal concepts in commercial law. The book covers topics such as Law of Agency, Sale of Goods, Hire Purchase, Negotiable Instruments, Banking, as well as commercial litigation and arbitration. The book contains a lucid reader-friendly analysis of topics in commercial law in the light of relevant Ghanaian case law and legislation. The book will serve the needs of students of the law by providing them with legal analysis backed by Ghanaian sources. It would also serve as a practical guide to practitioners of commercial law.

  • Conflict of Laws in Ghana

    Generations of Ghanaian law students, scholars, legal practitioners and judges have engaged with conflict of laws issues in their respective capacities. Regrettably, they have not had access to an authentic Ghanaian treatise on the discipline — a treatise foregrounded in Ghanaian case law and legislation. They have had to rely on foreign treatises (often very dated editions) mainly written by reputed English scholars.

    Richard Frimpong Oppong and Kissi Agyebeng have filled this void in the scholarship on Ghanaian law with their sophisticated and skilfully executed work of scholarship: Conflict of Laws in Ghana.

    This monograph is a timely publication. We live in a globalised world, a world beset with conflict of laws problems. Increases in cross-border movements of persons and the concomitant cross-border relationships they create, the growth of international commerce and foreign direct investment, ever-increasing international litigation, and international arbitration have all highlighted the importance of conflict of laws as a discipline.

    Judges, legal scholars, legal practitioners, law students and, indeed, all who operate in the international legal terrain, must take notice of this comprehensive work.

    The range, depth and originality of Conflict of Laws in Ghana make it a must-read for anyone confronted with a conflict of laws issue in Ghana. They will find much value in doing so.

  • Beyond the Political Spider: Critical Issues in African Humanities (African Humanities Series)

    Beyond the Political Spider: Critical Issues in African Humanities by Kwesi Yankah is the first title in the newly established African Humanities Association (AHA) publication series.

    By integrating his own biography into a critique of the global politics of knowledge production, Yankah, through a collection of essays, interrogates critical issues confronting the Humanities that spawn intellectual hegemonies and muffle African voices. Using the example of Ghana, he brings under scrutiny, amongst others, endemic issues of academic freedom, gender inequities, the unequal global academic order, and linguistic imperialism in language policies in governance.

    In the face of these challenges, the author deftly navigates the complex terrain of indigenous knowledge and language in the context of democratic politics, demonstrating that agency can be liberatory when emphasising indigenous knowledge, especially expressed through the idiom of local languages and symbols, including Ananse, the protean spider, folk hero in Ghana and most parts of the pan-African world.

    “Fascinating snapshots from an engaged scholarly life in Africa, valuable as an archival resource for the understanding of this period of higher education in Africa.” – John Higgins, Arderne Chair in Literature, Department of English Literary Studies, University of Cape Town

    “This book is unique and gives a powerful rendition of the state of the Humanities in Africa (with Ghana as a case in point). It grapples with some of the pertinent issues dogging the Humanities in Africa. It comments on the Humanities scholarship in Africa, and subtly throws a challenge for future scholarship. It draws on African traditions, communal heritage, and governance in discussing the role and place of the Humanities in Africa. It also brings into the analysis the ever-changing imperatives and modernity in re-configuring African Humanities.” – Mark Benge Okot, Head of Department, Literature, Makerere University, Uganda

    “Beyond the Political Spider’ effectively draws, in a unique fashion, from literature, history, linguistics and other cognate disciplines in the African Humanities.” – Sati Umaru Fwatshak, Department of History, University of Jos, Nigeria

  • Notes on Amma Darko’s Faceless

    This book, Notes on Faceless, is intended as a study guide for students of Amma Darko’s novel, Faceless. Readers of Faceless go back again and again to this novel because it makes them feel and think about many issues in the book that relate to what happens around them. A good work of fiction allows us to imaginatively participate in what it means to be part of human society. Fiction “holds up a mirror” to us about life. It is therefore important to be able to understand and explain, as well as becomes more alert to how literature works. This book aims to help you do so, focusing on Faceless.

    Notes on Faceless discusses what Darko does in Faceless and how she does it: the plot of the story, its setting, characterization, theme and style. Like every other field of study, literature has a special vocabulary that is used by all good students of the subject. Therefore, while discussing the essential elements in Faceless (i.e. plot, setting, etc.), this book also introduces you to some of the important literary terms or technical vocabulary used in reading literature. The goal is to make you familiar with the right language for talking and writing about a work of literature and to teach you how to use this language in your own reading and writing.

    This book takes you further into your study of literature by guiding you to use suitable vocabulary to actually talk and write about a work of literature. After walking you through a discussion of each element, Notes on Faceless gives you practice in writing about Faceless in particular and literature in general.

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