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Author: Karin Van Marle
Publisher: AFRICAN SUN MeDIA
ISBN: 192033808X
Category : Law
Languages : en
Pages : 167
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Book Description
Refusal, Transition and Post-apartheid Law under editorship of professor Karin van Marle is indeed long overdue. As some of the authors in the relevant contributions to this publication rightly point out, Van Marle?s call for a ?jurisprudence of generosity?, enabled through an ?ethics of refusal?, signals a new shift in South African jurisprudence. Through the lens of Van Marle?s ethics of refusal and her jurisprudence of generosity, the articles present fresh and meaningful interpretations in respect of a range of very relevant topics ranging from property theory and a rethinking of human rights, to the role of forgiveness and the dangers inherent in modern technology.
Author: Karin Van Marle
Publisher: AFRICAN SUN MeDIA
ISBN: 192033808X
Category : Law
Languages : en
Pages : 167
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Book Description
Refusal, Transition and Post-apartheid Law under editorship of professor Karin van Marle is indeed long overdue. As some of the authors in the relevant contributions to this publication rightly point out, Van Marle?s call for a ?jurisprudence of generosity?, enabled through an ?ethics of refusal?, signals a new shift in South African jurisprudence. Through the lens of Van Marle?s ethics of refusal and her jurisprudence of generosity, the articles present fresh and meaningful interpretations in respect of a range of very relevant topics ranging from property theory and a rethinking of human rights, to the role of forgiveness and the dangers inherent in modern technology.
Author: Drucilla Cornell
Publisher: CRC Press
ISBN: 1317819594
Category : Law
Languages : en
Pages : 144
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Book Description
Many critical theorists talk and write about the day after the revolution, but few have actually participated in the constitution of a revolutionary government. Emeritus Justice Albie Sachs was a freedom fighter for most of his life. He then played a major role in the negotiating committee for the new constitution of South Africa, and was subsequently appointed to the new Constitutional Court of South Africa. Therefore, the question of what it means to make the transition from a freedom fighter to a participant in a revolutionary government is not abstract, in Hegel’s sense of the word, it is an actual journey that Albie Sachs undertook. The essays in this book raise the complex question of what it actually means to make this transition without selling out to the demands of realism. In addition, the preface written by Emeritus Justice Albie Sachs and his interview with Drucilla Cornell and Karin van Marle, further address key questions about revolution in the twentieth- and twenty-first centuries: from armed struggle to the organization of a nation state committed to ethical transformation in the name of justice. Albie Sachs and transformation in South Africa: from revolutionary activist to constitutional court judge illuminates the theoretical and practical experiences of revolution and its political aftermath. With first-hand accounts alongside academic interrogation, this unique book will intrigue anyone interested in the intersection of Law and Politics.
Author: Christi van der Westhuizen
Publisher: Mandela University Press
ISBN: 1998959058
Category : Political Science
Languages : en
Pages : 271
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Book Description
This curated collection engages international debates about the current challenges facing democracy. Given the proliferation of “crisis” literature on democracy, this volume finds its distinctive niche in presenting perspectives from the global margins that bridge disciplinary, sectoral, national and conceptual divides. South Africans enter into conversation with scholars and activists from elsewhere in the Global South, including the Arab world and the rest of Africa, and from the European periphery. Insights on democracy are offered from a diversity of perspectives and voices, spanning philosophy, socio-legal and political studies, sociology, public administration, and queer and gender studies and activism. The book will be of interest to academics, activists, policymakers, development planners, and the general public. The D-Word is a timely contribution addressing burning questions: are current contestations about the relevance of democracy due to systemic flaws in how it is constituted, received, practised and even imagined, and can the democratic “project” be salvaged? The book’s unique approach brings a variety of lenses to bear on the prospects for democracy. The critical reflections it contains make for an enriching, broad canvas of ideas. - Professor Sandy Africa, University of Pretoria
Author: Stewart Motha
Publisher: Routledge
ISBN: 1317569210
Category : Law
Languages : en
Pages : 254
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Book Description
The demand for recognition, responsibility, and reparations is regularly invoked in the wake of colonialism, genocide, and mass violence: there can be no victims without recognition, no perpetrators without responsibility, and no justice without reparations. Or so it seems from law’s limited repertoire for assembling the archive after ‘the disaster’. Archival and memorial practices are central to contexts where transitional justice, addressing historical wrongs, or reparations are at stake. The archive serves as a repository or ‘storehouse’ of what needs to be gathered and recognised so that it can be left behind in order to inaugurate the future. The archive manifests law’s authority and its troubled conscience. It is an indispensable part of the liberal legal response to biopolitical violence. This collection challenges established approaches to transitional justice by opening up new dialogues about the problem of assembling law’s archive. The volume presents research drawn from multiple jurisdictions that address the following questions. What resists being archived? What spaces and practices of memory - conscious and unconscious - undo legal and sovereign alibis and confessions? And what narrative forms expose the limits of responsibility, recognition, and reparations? By treating the law as an ‘archive’, this book traces the failure of universalised categories such as 'perpetrator', 'victim', 'responsibility', and 'innocence,' posited by the liberal legal state. It thereby uncovers law’s counter-archive as a challenge to established forms of representing and responding to violence.
Author: Evan Mwangi
Publisher: University of Michigan Press
ISBN: 0472125702
Category : Literary Criticism
Languages : en
Pages : 287
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Book Description
Despite the central role that animals play in African writing and daily life, African literature and African thinkers remain conspicuously absent from the field of animal studies. The Postcolonial Animal: African Literature and Posthuman Ethics demonstrates the importance of African writing to animal studies by analyzing how postcolonial African writing—including folktales, religion, philosophy, and anticolonial movements—has been mobilized to call for humane treatment of nonhuman others. Mwangi illustrates how African authors grapple with the possibility of an alternative to eating meat, and how they present postcolonial animal-consuming cultures as shifting toward an embrace of cultural and political practices that avoid the use of animals and minimize animal suffering. The Postcolonial Animal analyzes texts that imagine a world where animals are not abused or used as a source of food, clothing, or labor, and that offer instruction in how we might act responsibly and how we should relate to others—both human and nonhuman—in order to ensure a world free of oppression. The result is an equitable world where even those who are utterly foreign to us are accorded respect and where we recognize the rights of all marginalized groups.
Author: Carol Chi Ngang
Publisher: Routledge
ISBN: 100043379X
Category : Nature
Languages : en
Pages : 247
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Book Description
This book explores the nexus between natural resources ownership and the right to development in Africa. The right to sovereignty over natural resources and the right to development are recognised and protected in an extensive framework of international, regional and domestic instruments. They guarantee people's entitlement to fully and freely utilise their natural resources as a means of subsistence and for economic, social and cultural development. Yet, despite the abundance of natural resources in Africa a majority of the people on the continent remain largely impoverished. This book articulates the central argument that to achieve the right to development in Africa requires appropriate governance of the continent’s natural resources to which the people of Africa are guaranteed sovereign ownership. With case study illustrations from Zimbabwe, Ghana, Ethiopia and the Democratic Republic of Congo, chapters explore the normative measures, specific guarantees and community entitlements to natural resources for the realisation of the right to development. The book will be an invaluable guide to scholars and postgraduate students of Natural Resources, Development and African studies as well as policymakers and practitioners in these areas.
Author: Awol Allo
Publisher: Routledge
ISBN: 1317037111
Category : Law
Languages : en
Pages : 381
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Book Description
Fifty years before his death in 2013, Nelson Mandela stood before Justice de Wet in Pretoria's Palace of Justice and delivered one of the most spectacular and liberating statements ever made from a dock. In what came to be regarded as "the trial that changed South Africa", Mandela summed up the spirit of the liberation struggle and the moral basis for the post-Apartheid society. In this blistering critique of Apartheid and its perversion of justice, Mandela transforms the law into a sword and shield. He invokes it while undermining it, uses it while subverting it, and claims it while defeating it. Wise and strategic, Mandela skilfully reimagines the courtroom as a site of visibility and hearing, opening up a political space within the legal. This volume returns to the Rivonia courtroom to engage with Mandela's masterful performance of resistance and the dramatic core of that transformative event. Cutting across a wide-range of critical theories and discourses, contributors reflect on the personal, spatial, temporal, performative, and literary dimensions of that constitutive event. By redefining the spaces, institutions and discourses of law, contributors present a fresh perspective that re-sets the margins of what can be thought and said in the courtroom.
Author: David Dyzenhaus
Publisher: Oxford University Press (UK)
ISBN: 0199532214
Category : Language Arts & Disciplines
Languages : en
Pages : 337
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Book Description
This influential book makes sense of abstract debates about the nature of law and the rule of law by situating them in the real-world context of apartheid-era South Africa. The new edition examines the transformation in South Africa since the end of apartheid, and the shift in debates surrounding the rule of law post 9/11.
Author: Jaco Barnard-Naudé
Publisher: Taylor & Francis
ISBN: 1351363476
Category : History
Languages : en
Pages : 228
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Book Description
This book considers the question of spatial justice after apartheid from several disciplinary perspectives – jurisprudence, law, literature, architecture, photography and psychoanalysis are just some of the disciplines engaged here. However, the main theoretical device on which the authors comment is the legacy of what in Carl Schmitt’s terms is nomos as the spatialised normativity of sociality. Each author considers within the practical and theoretical constraints of their topic, the question of what nomos in its modern configuration may or may not contribute to a thinking of spatial justice after apartheid. On the whole, the collection forces a confrontation between law’s spatiality in a “postcolonial” era, on the one hand, and the traumatic legacy of what Paul Gilroy has called the “colonial nomos”, on the other hand. In the course of this confrontation, critical questions of continuation, extension, disruption and rewriting are raised and confronted in novel and innovative ways that both challenge Schmitt’s account of nomos and affirm the centrality of the constitutive relation between law and space. The book promises to resituate the trajectory of nomos, while considering critical instances through which the spatial legacy of apartheid might at last be overcome. This interdisciplinary book will appeal to scholars of critical legal theory, political philosophy, aesthetics and architecture.
Author: Michael E. Bell
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 280
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Book Description
This is the first comprehensive overview of property taxation in post-apartheid South Africa. Presented are the perspectives of researchers who have spent years analyzing the fiscal issues facing South Africa, as well as public finance experts and practitioners from that country. The book enhances understanding of land and building taxation in specific settings and presents a case study of the complex reality of an ever-changing South Africa.
