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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...
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"--
Jacques Derrida
Jacques Derrida: Law as Absolute Hospitality presents a comprehensive account and understanding of Derrida’s approach to law and justice. Through a detailed reading of Derrida’s texts, Jacques de Ville contends that it is only by way of Derrida's deconstruction of the metaphysics of presence, and specifically in relation to the texts of Husserl, Levinas, Freud and Heidegger - that the reasoning behind his elusive works on law and justice can be grasped. Through detailed readings of texts such as To speculate – on Freud, Adieu, Declarations of Independence, Before the Law, Cogito and the history of madness, Given Time, Force of Law and Specters of Marx, De Ville contends that there is a...
Christianity and Controversies over Homosexuality in Contemporary Africa
Issues of homosexuality are the subject of public and political controversy in many African societies today. Frequently, these controversies receive widespread attention both locally and globally, such as with the Anti-Homosexuality Bill in Uganda. In the international media, these cases tend to be presented as revealing a deeply-rooted homophobia in Africa fuelled by religious and cultural traditions. But so far little energy is expended in understanding these controversies in all their complexity and the critical role religion plays in them. Complementing the companion volume, Public Religion and the Politics of Homosexuality in Africa, this book investigates Christian politics and discour...
Breaking Intergenerational Cycles of Repetition
The authors in this volume explore the interconnected issues of intergenerational trauma and traumatic memory in societies with a history of collective violence across the globe. Each chapter’s discussion offers a critical reflection on historical trauma and its repercussions, and how memory can be used as a basis for dialogue and transformation. The perspectives include, among others: the healing journey of three generations of a family of Holocaust survivors and their dialogue with third generation German students over time; traumatic memories of the British concentration camps in South Africa; reparations and reconciliation in the context of the historical trauma of Aboriginal Australians; and the use of the arts as a strategy of dialogue and transformation.
UBuntu and the Law
This book brings together the uBuntu jurisprudence of South Africa, as well as the most cutting-edge critical essays about South African jurisprudence on uBuntu. Can indigenous values be rendered compatible with a modern legal system? This book raises some of the most pressing questions in cultural, political, and legal theory.
Building the Constitution
This revisionary perspective on South Africa's celebrated Constitutional Court draws on historical and empirical sources alongside conventional legal analysis to show how support from the African National Congress (ANC) government and other political actors has underpinned the Court's landmark cases, which are often applauded too narrowly as merely judicial achievements. Standard accounts see the Court as overseer of a negotiated constitutional compromise and as the looked-to guardian of that constitution against the rising threat of the ANC. However, in reality South African successes have been built on broader and more admirable constitutional politics to a degree no previous account has described or acknowledged. The Court has responded to this context with a substantially consistent but widely misunderstood pattern of deference and intervention. Although a work in progress, this institutional self-understanding represents a powerful effort by an emerging court, as one constitutionally serious actor among others, to build a constitution.
Private Law and Human Rights
A comparative investigation into the revolution in private law in the era of human rightsScotland 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
Rule of Law for Nature
Questions the doctrinal construction of environmental law and looks for innovative legal approaches to ecological sustainability.
