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Refusal, Transition and Post-apartheid Law
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.
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.
Genres of Critique
The book seeks to open and explore the liminal space of critique at the intersection of law, aesthetics and politics. The essays in this volume elaborate and expand the meaning and significance of critique through an engagement with aesthetic forms. Although this endeavour has wider significance, the focus is primarily on South Africa. The various contributions arose out of a process of reading, writing and discussion among visiting scholars at the Stellenbosch Institute for Advanced Study (STIAS), Stellenbosch University, South Africa, in 2010. The project responds to the limits of the transplantation of critical legal studies into different jurisdictions, especially South Africa. The essays develop an approach to critical legal thinking that is conscious of critique as a problem of genre and seek to open up this problem of genre in the context of critical legal studies.
Law and the Politics of Reconciliation
This collection of essays by an international group of authors explores the ways in which law and legal institutions are used in countries coming to terms with traumatic pasts and, in some cases, traumatic presents. In putting to question what is often taken for granted in uncritical calls for reconciliation, it critically analyses and frequently challenges the political and legal assumptions underlying discourses of reconciliation. Drawing on a broad spectrum of disciplinary and interdisciplinary insights the authors examine how competing conceptions of law, time, and politics are deployed in social transformations and how pressing demands for reconstruction, reconciliation, and justice inform and respond to legal categories and their use of time. The book is genuinely interdisciplinary, drawing on work in politics, philosophy, theology, sociology and law. It will appeal to a wide audience of researchers and academics working in these areas.
Beyond Accommodation
This new edition of Drucilla Cornell's highly acclaimed book includes a substantial new introduction by the author, which situates the book within current feminist debates. In Beyond Accommodation, Drucilla Cornell offers a highly original vision of what feminist theory can give contemporary women. She challenges essentialist and naturalist accounts of feminine sexuality, arguing that any attempt to affirm woman's value and difference by either emphasizing her maternal role or repudiating the feminine only entraps women, once again, in a container that curtails feminine sexual difference, legitimates the masculine fantasy of woman, and reinstates, rather than dismantles, the gender hierarchy. In response to these movements, Beyond Accommodation strives to broaden the scope of feminist theory by articulating a platform, under the concept of relative universalism, which proposes the idea that women are not a unified and homogenous group although they are positioned as women in patriarchy. Cornell's theory allows for differences in women's situations without giving up on the idea that women are fighting a common phenomenon called patriarchy.
Legal academics and progressive politics in South Africa: Moving beyond the ivory tower - PULP FICTIONS No.2
Legal academics and progressive politics in South Africa: Moving beyond the ivory tower - PULP FICTIONS No.2 Edited by Karin van Marle 2006 ISSN: 1992-5174 Pages:30 Print version: Available Electronic version: Free PDF available About PULP FICTIONS - A space for dialogue: Central to the becoming of a society in the context of posts (postapartheid, postcolonial, postmodern) and in the context of trans-formations of the political, legal, socio-economic and cultural is the creation of a vibrant and active public sphere. Of particular concern is an insistence on democracy and transparency radically different from strategic and instrumental conceptions – a space for dialogue and dissent, an opp...
Feminism and the Power of Law
Author very well known - leading writer on women and law provides major new critique of law in controversial areas such as rape, pornography, child custody 2 way promotion - criminology, women's studies
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.
Hard Cases in Wicked Legal Systems
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.
