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Convening Black Intimacy
An unprecedented study of how Christianity reshaped Black South Africans’ ideas about gender, sexuality, marriage, and family during the first half of the twentieth century. This book demonstrates that the primary affective force in the construction of modern Black intimate life in early twentieth-century South Africa was not the commonly cited influx of migrant workers but rather the spread of Christianity. During the late nineteenth and early twentieth centuries, African converts developed a new conception of intimate life, one that shaped ideas about sexuality, gender roles, and morality. Although the reshaping of Black intimacy occurred first among educated Africans who aspired to midd...
From Cape Town to Kabul
Using her experience of living under apartheid and witnessing its downfall and the subsequent creation of new governments in South Africa, the author examines and compares gender inequality in societies undergoing political and economic transformation. By applying this process of legal transformation as a paradigm, the author applies this model to Afghanistan. These two societies serve as counterpoints through which the book engages, in a nuanced and novel way, with the many broader issues that flow from the attempts in newly democratic societies to give effect to the promise of gender equality. Developing the idea of ’conditional interdependence’, the book suggests a new approach based on the communitarian values which underpin newly democratic societies and would allow women’s rights to gain momentum and reap greater benefits. Broad in its thematic approach, the book generates challenging and complex questions about the achievement of gender equality. It will be of interest to academics interested in gender and human rights, international and comparative law.
Constitutional Rights in Two Worlds
This book examines the South African Constitutional Court to determine how it has functioned during the nation's transition.
Gender Stereotyping
Drawing on domestic and international law, as well as on judgments given by courts and human rights treaty bodies, Gender Stereotyping offers perspectives on ways gender stereotypes might be eliminated through the transnational legal process in order to ensure women's equality and the full exercise of their human rights. A leading international framework for debates on the subject of stereotypes, the Convention on the Elimination of All Forms of Discrimination against Women, was adopted in 1979 by the UN General Assembly and defines what constitutes discrimination against women. It also establishes an agenda to eliminate discrimination in all its forms in order to ensure substantive equality...
Gender and the Judiciary in Africa
Between 2000 and 2015, women ascended to the top of judiciaries across Africa, most notably as chief justices of supreme courts in common law countries like Ghana, Nigeria, Sierra Leone, Gambia, Malawi, Lesotho and Zambia, but also as presidents of constitutional courts in civil law countries such as Benin, Burundi, Gabon, Niger and Senegal. Most of these appointments was a "first" in terms of the gender of the chief justice. At the same time, women are being appointed in record numbers as magistrates, judges and justices across the continent. While women’s increasing numbers and roles in African executives and legislatures have been addressed in a burgeoning scholarly literature, very lit...
Constitutional Triumphs, Constitutional Disappointments
Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.
Promoting the Rule of Law in Post-Conflict States
Laura Grenfell critically evaluates how the rule of law is contextualized and promoted in states where customary law is prevalent.
Negotiating the Power of NGOs
Explores the role of NGOs as mediators in crucial litigation cases on women's rights in South Africa.
The Global Debate Over Constitutional Property
Countries around the world are heatedly debating whether property should be a constitutional right. But American lawyers have largely ignored this debate, which is divided into two clear camps: those who believe making property a constitutional right undermines democracy by fostering inequality, and those who believe it provides the security necessary to make democracy possible. In The Global Debate over Constitutional Property, Gregory Alexander recasts this discussion, arguing that both sides overlook a key problem: that constitutional protection, or lack thereof, has little bearing on how a society actually treats property. A society’s traditions and culture, Alexander argues, have a much greater effect on property rights. Laws must aim, then, to change cultural ideas of property, rather than deem whether one has the right to own it. Ultimately, Alexander builds a strong case for improving American takings law by borrowing features from the laws of other countries—particularly those laws based on the idea that owning property not only confers rights, but also entails responsibilities to society as a whole.
Sexuality in the Legal Arena
The essays in this book explore a wide range of themes of current interest and controversy, with a particular focus on lesbian and gay issues, nationality postcoloniality, sexuality and criminality, and the politics of rights struggles.>
