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Spectres of Reparation in South Africa
This book argues that South Africa is haunted by the spectre of reparation. The failure of the South African Truth and Reconciliation Commission to secure adequate reparation for the victims of colonisation and apartheid continues to drastically undermine the commission’s processes and legacy. Investigating the TRC’s key processes of amnesty, archiving and forgiveness in turn, the book demonstrates that each process is fundamentally thwarted by the terminal lack of reparation. These multiple forms of the spectre of reparation haunt post-apartheid society in deeply traumatogenic ways. The book proposes a new ethic of "reparative citizenship" as a means of encountering the spectres of reparation in a productive and transformative manner, generating hope even in the face of the irreparable. This book will be an important read for South Africans interested in overcoming the impasses and injustices that haunt the country, but it will also be of interest to post-conflict transitional justice and politics researchers more broadly.
Spectres of Reparation in South Africa
"This book argues that South Africa is haunted by the spectre of reparation. The failure of the South African Truth and Reconciliation Commission to secure adequate reparation for the victims of colonisation and apartheid continues to drastically undermine the commission's processes and legacy. Investigating the TRC's key processes of amnesty, archiving and forgiveness in turn, the book demonstrates that each process is fundamentally thwarted by the terminal lack of reparation. These multiple forms of the spectre of reparation haunt post-apartheid society in deeply traumatogenic ways. The book proposes a new ethic of "reparative citizenship" as a means of encountering the spectres of reparation in a productive and transformative manner, generating hope even in the face of the irreparable. This book will be an important read for South Africans interested in overcoming the impasses and injustices that haunt the country, but it will also be of interest to post-conflict transitional justice and politics researchers more broadly"--
The Courtroom as a Space of Resistance
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 hear...
Beyond the Mountain
Beyond The Mountain: Queer Life in "Africa’s Gay Capital" contributes to the body of knowledge on the lived experiences of lesbian, gay, bisexual, transgender, queer, and intersex (LGBTQI) communities in Cape Town. The book provides insight on the lives of the LGBTQI communities in Cape Town and challenges the stereotypes and prejudices against these communities. The chapters consist of both narratives of lived experiences and academic discussions presented by novice as well as experienced scholars. The imagery of beyond the mountain is a depiction of the lives of LGBTQI community and immovable negative perceptions the general public have to them and seeks to expose their world and the kinds of violence and abuse they are subjected to, as well as unveiling the racial discrimination within these communities. The book revolves around five themes: education, emancipation, protection, acceptance, and integration of those who identify as LGBTQI people in society.
The Limits of Transition: The South African Truth and Reconciliation Commission 20 Years on
The South African Truth and Reconciliation Commission was a noble attempt to begin to address the continuing traumatic legacy of Apartheid. This interdisciplinary collection critiques the work of the TRC 20 years since its establishment. Taking the paralysing political and social crises of the mid-1990s in South Africa as starting point, the book contains a collection of responses to the TRC that considers the notions of crisis, judgment and social justice. It asks whether the current political and social crises in South Africa are linked to the country’s post-apartheid transitional mechanisms, specifically, the TRC. The fact that the material conditions of the lives of many Apartheid victims have not improved, forms a major theme of the book. Collectively, the book considers the ‘unfinished business’ of the TRC.
Jurisprudence in an African Context
Jurisprudence in an African Context is devoted to the philosophy of law, in a way that engages earnestly with African thought and the African context. The text features primary texts by leading African intellectuals, putting these into critical dialogue with Western theorists. It addressescore jurisprudential topics, such as the nature and functions of law, the manner in which judges do and should interpret the law, theories of distributive justice, and accounts of civil and criminal justice. These abstract philosophical issues are considered in the context of salient controversieson the African continent, including: how cultural norms should influence judicial interpretation, who is obligat...
Unsettling Apologies
Drawing on the histories of injustice, dispossession and violence in South Africa, this book examines the cultural, political and legal role and value of an apology.
Private Law and Human Rights
A comparative investigation into the revolution in private law in the era of human rights Scotland and South Africa are mixed jurisdictions, combining features of common law and civil law traditions. Over the last decade a shared feature in both Scotland and South Africa has been a new and intense focus on human rights. In Scotland the European Convention on Human Rights now constitutes an important element in the foundation of all domestic law. Similarly, the Constitution of the Republic of South Africa, adopted in 1996, has as its cornerstone a Bill of Rights that binds not only the legislature, the executive, the judiciary and all organs of state, but also private parties. Of course the "...
