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• Cover
• Title page
• Copyright page
• About the Author
• Contents
• Preface and Acknowledgements
• Criminal law: a path to an enlightened place
• The absence of textbooks on Namibian criminal law
• Why this book?
• My debts
• Your turn
• Chapter 1
• Introduction
• 1. Welcome to Criminal Law!
• 2 Aims or goals of the book
• 3. How I achieve those aims
• 4 Is this book for you?
• 5 What is in it for you?
• Chapter 2
• The Namibian criminal justice system
• 1. Crime in Namibia
• 2. Sources of criminal law and their historical background
• 2.1. Roman-Dutch common law

• 2.2. Case law
• 2.3. Doctrinal writings
• 2.4 International law
• 3. The impact of the Namibian Constitution on criminal law
• 4. Classification of crimes
• 5. The main actors in the criminal justice system
• 5.1. The accused
• 5.2. Police officers
• 5.3. Prosecutors
• 5.4. Lawyers
• 5.5. Judges and magistrates
• 6. The process
• 7. Criminal courts
• Chapter 3
• Criminal law theories
• 1. In search for a theory of criminal law
• 2. What makes conduct criminal
• 3. Understanding why we criminalize
• 3.1. The guiding rationales

• 4. The requirement of unlawfulness helps in determining what conduct to criminalize
• 5. How and when to criminalize and de-criminalize
• Chapter 4
• Theories of punishment
• 1. Introduction
• 2. Are penal theories part of substantive criminal law?
• 3. The crime, the accused, and society
• 3.1. The crime and the criminal
• 3.2. The interest of society
• 4. Classification of theories
• 5. Retribution
• 6. Prevention
• 7. Deterrence
• 8. Rehabilitation
• 9. Combining theories
• 10. Mercy
• Chapter 5
• Criminal liability
• 1. Introduction
• 2. Models of liability
• 3. Is the accused guilty?

• 4. The principle of legality
• 5. Conduct
• 5.1. Conduct must be voluntary
• 5.2. Act
• 5.3. Omission
• 5.4. Possession
• 6. The definitional elements
• 6.1. Intention as part of the definitional elements of culpability?
• 6.2. Classification of crimes according to their definitional elements
• 7. Unlawfulness
• 8. Culpability
• Chapter 6
• Causation
• 1. Introduction
• 2. Overview
• 3. The factual test
• 4. The legal test
• 4.1. Theory of adequate causation
• 4.2. The individualisation theories
• 4.3. Intervening acts
• Chapter 7
• Unlawfulness
• 1. Introduction
• 2. The basic notion

• 3. Private defense, necessity, and consent
• 4. Official capacity
• 5. Use of force and homicide during arrest
• 5.1. Use of force
• 5.2. Homicide during arrest
• 6. Obedience to orders, chastisement, and trivialities
• 6.1. Obedience to orders
• 6.2. Disciplinary chastisement
• 6.3. Trivialities
• 7. Entrapment
• 7.1 Definition
• 7.2. Is entrapment a valid defense in Namibia?
• 7.3. Entrapment as impermissible evidence and mitigating factor
• Chapter 8
• Private defense, necessity and consent
• 1. Introduction
• 2. Private defense
• 2.1. Definition and requirements

• Introduction
• What international law is
• The European roots of modern international law
• Sources of international law
• International law in the Namibian legal system
• How Namibian courts apply international law
• Treaties and their Interpretation
• States and Namibia's long march to statehood
• Recognition of states and governments
• Territory
• State responsibility
• Dispute resolution
• Immunity
• The United Nations, peace and the use of force
• African Union
• Human rights
• Economic relations and SACU
• Law of the sea
• Namibia, child of International Law
• Annex 1. The mandate for South West Africa
• Annex 2. Resolution 435 (1978) on Namibia's independence
• Annex 3. Principles concerning the Constituent Assembly and the Constitution for an Independent Namibia (1982)

• Introduction
• What international law is
• The European roots of modern international law
• Sources of international law
• International law in the Namibian legal system
• How Namibian courts apply international law
• Treaties and their Interpretation
• States and Namibia's long march to statehood
• Recognition of states and governments
• Territory
• State responsibility
• Dispute resolution
• Immunity
• The United Nations, peace and the use of force
• African Union
• Human rights
• Economic relations and SACU
• Law of the sea
• Namibia, child of International Law
• Annex 1. The mandate for South West Africa
• Annex 2. Resolution 435 (1978) on Namibia's independence
• Annex 3. Principles concerning the Constituent Assembly and the Constitution for an Independent Namibia (1982).

This book provides readers with the knowledge necessary to understand how international law carved the history and life of Namibia. It observes that Namibia has benefited from and contributed to international law in a way that shaped that country's political and socio-economic development and to an extent that few other countries experienced. For many a year since Namibia achieved Independence (on March 21, 1990) and established the Faculty of Law at the University of Namibia in 1992, students and lecturers have relied on materials from South Africa, despite the fact that Namibian law has since then grown apart from its South African heritage. This book informs readers about international law, its sources, international treaties, Namibian statehood, dispute resolution, the use of force, human rights, Namibia's economic relations with the outside world (including the Southern African Customs Union), and the law of the sea. Namibian courts have in their own way followed the rules of international law scrupulously, but - as this book shows - international law nonetheless remains the source of Namibian law that lawyers apply the least. Accordingly, this book underlines the significance, the practical utility, and the relevance of international law in the unique Namibian context.

• Cover; Title page; Copyright page; FOREWORD; NATIVE ESTATES: RECORDS OF MOBILITY ACROSS COLONIAL BOUNDARIES; LEGAL BACKGROUND; IDENTIFIED ESTATES; SURVIVAL, FORGETTING, AND REMEMBERING; AN UNDECIDABLE RESERVE; THE "EXTRA-TERRITORIALS"; OUTLOOK; ENDNOTES; CARL SCHLETTWEIN LECTURES; Back cover.

In many instances, the colonial state has left a strong imprint on the postcolonial archive. In the National Archives of Namibia (NAN), for instance, it is difficult to locate pre-independence person-related records of the black majority, while the same type of records of their light-skinned compatriots are easily accessible. This lecture discusses a substantial corpus of about 11 000 so-called "Native Estates" files which previously were not accessible through the existing finding aids. What is the research potential of these formerly neglected and untouched records in particular regarding the social history of contract labour in Namibia and of African migrants on a wider scale? Furthermore, a substantial amount of estate files of migrants from other African countries were discovered -- a feature of Namibian history that has rarely been researched. The sometimes very detailed files reveal information on the migrants' origin, their integration in Namibian society and expatriate networks in the country. They also reveal that not only Angolans and West Africans but also a substantial number of migrants from other Southern African colonies found employment opportunities in Namibia during the colonial era. The "Native Estate" records thus have an important research potential with regard to the entire Southern African region, which was heavily reliant on migrant labour both on the demand and on the supply side.