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Albie Sachs And Transformation In South Africa

Author: Drucilla Cornell
Publisher: CRC Press
ISBN: 1317819586
Size: 15.23 MB
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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.

The Spirit Of Revolution

Author: Drucilla Cornell
Publisher: John Wiley & Sons
ISBN: 0745690785
Size: 32.48 MB
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In recent years, feminist and queer theory have effectively disavowed both “the human” and revolutionary politics. In the face of massive geopolitical crisis, posthumanists have called for us to reconsider fundamentally the superiority and centrality of mankind and “the human,” and question how Man can presume to change the world by revolutionary action, particularly when Marx’s dreams seem to have been swept into the dustbin of history. This provocative book reaffirms what is most basic in feminism – the attack on the “universality” and sovereignty of Man – but contends that the only way this can mean anything other than pessimistic rhetoric is to embrace human agency and the struggle against colonialism and capitalism. In a series of “creolized” readings – Foucault with Ali Shari’ati, Lacan with Fanon, and Spinoza with Sylvia Wynter – the authors demonstrate what is at stake in the ongoing debate between humanism and posthumanism, putting this debate in the context of contemporary global crises and the possibilities of revolution. In its defense of “political spirituality,” this book pushes for a new trajectory in response to the gross inequalities of today, one that offers us a very different view of revolution and its present-day potential.

Revenge Versus Legality

Author: Katherine Maynard
Publisher: Routledge
ISBN: 1136990127
Size: 44.70 MB
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In the wake of Guantanamo Bay, extraordinary renditions, and secret torture centres in Eastern Europe and elsewhere, Revenge versus Legality addresses the relationship between law and wild or vigilante justice; between the power to enforce retribution and the desire to to seek revenge.

The Selfless Constitution

Author: Stu Woolman
Publisher: Juta and Company Ltd
ISBN: 9781485100072
Size: 45.76 MB
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Stu Woolman - The Selfless Constitution: Experimentalism and Flourishing as Foundations of South Africa s Basic Law Do you possess freedom the will to do as you like as an individual, as a participant in social affairs or as a citizen in the political realm? Well, no. Not as most of us understand a term loaded down with metaphysical baggage. Don t worry. You ve got something better: a brain capable of carrying out the most complex analytical; membership in innumerable communities that provide you with huge stores of knowledge; and a politico-constitutional order that ought to provide the material goods and immaterial conditions that will enable you to pursue a life worth valuing. As many recent studies of consciousness reveal, our neurological systems are complex feedback mechanisms designed to create myriad opportunities for trial and error and the production of new stores of knowledge. Individuals comprised of radically heterogeneous, naturally and socially determined selves are always experimenting, attempting to divine through reflection and action, what works best: even when best means fully embracing who we already are. A constitutional democracy, made up of millions of radically heterogeneous, densely populated individuals and a myriad of equally complex social formations, should regularly run experiments that attempt to eliminate our biases, and to deliver heuristics that nudge us away from negative defaults toward more optimal ends. Because South Africa s Constitution states only some of the norms that govern our lives, it remains for citizens, representatives and judges to create doctrines and institutions that serve its capaciously framed ends best. After canvassing the most recent literature in neuroscience, empirical philosophy, behavioural psychology, social capital theory, development economics, the capabilities approach and emergent experimental governance, "The Selfless Constitution" suggests that the promotion of experiments in living, married to a commitment to the expansion of individual capabilities, is likely to produce more optimal ways of being that can be replicated, and further enhanced, by other members of our polity. The book spins out its novel thesis against the concrete backdrop of political arrangements and judicial doctrines that have emerged during the first 18 years of South Africa s truly vibrant constitutional democracy. Its trenchant analysis of South African institutions and case law shows us how far we have come and how far we still have to go.

New Critical Legal Thinking

Author: Matthew Stone
Publisher: Taylor & Francis
ISBN: 1136291202
Size: 13.42 MB
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New Critical Legal Thinking articulates the emergence of a stream of critical legal theory which is directly concerned with the relation between law and the political. The early critical legal studies claim that all law is politics is displaced with a different and more nuanced theoretical arsenal. Combining grand theory with a concern for grounded political interventions, the various contributors to this book draw on political theorists and continental philosophers in order to engage with current legal problematics, such as the recent global economic crisis, the Arab spring and the emergence of biopolitics. The contributions instantiate the claim that a new and radical political legal scholarship has come into being: one which critically interrogates and intervenes in the contemporary relationship between law and power.

A History Of Zimbabwe

Author: Alois S. Mlambo
Publisher: Cambridge University Press
ISBN: 1139867520
Size: 58.44 MB
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The first single-volume history of Zimbabwe with detailed coverage from pre-colonial times to the present, this book examines Zimbabwe's pre-colonial, colonial and postcolonial social, economic and political history and relates historical factors and trends to recent developments in the country. Zimbabwe is a country with a rich history, dating from the early San hunter-gatherer societies. The arrival of British imperial rule in 1890 impacted the country tremendously, as the European rulers exploited Zimbabwe's resources, giving rise to a movement of African nationalism and demands for independence. This culminated in the armed conflict of the 1960s and 1970s and independence in 1980. The 1990s were marked by economic decline and the rise of opposition politics. In 1999, Mugabe embarked on a violent land reform program that plunged the nation's economy into a downward spiral, with political violence and human rights violations making Zimbabwe an international pariah state. This book will be useful to those studying Zimbabwean history and those unfamiliar with the country's past.

The Other S War

Author: Tarik Kochi
Publisher: CRC Press
ISBN: 1134015712
Size: 62.23 MB
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The Other's War is an intervention into a set of contemporary moral, political and legal debates over the legitimacy of war and terrorism within the context of the so-called global War on Terror. Tarik Kochi considers how, despite the variety of its approaches – just war theory, classical realist, post-Kantian, poststructuralist – contemporary ethical, political and legal philosophy still struggles to produce a convincing account of war. Focusing on the philosophical problem of the rightness of war, The Other's War responds to this lack. Through a discussion of a number of key Western intellectual traditions, Kochi demonstrates how often conflicting and contradictory conceptions of war’s rightness have developed in modernity. He shows how a process of ordering violence around different notions of right has constantly redrawn the boundaries of what constitutes ‘legitimate’ violence. Such a process has consequences for anyone who claims to be fighting a ‘just war’. Building upon this account and drawing upon the philosophical heritage of G.W.F. Hegel and Ernst Bloch, The Other’s War proposes a new understanding of war, not just as a social condition characterised by violent conflict and struggles for power, but as the attempt of individuals and groups to realise their normative claims through violence. Kochi argues that both of these aspects of war are an expression of the metaphysics of human subjectivity. War begins with, and is the radical exaggeration of, a fundamental activity of human subjectivity, in which the subject constitutes its normative and material identity; realising and positing itself through acts that involve negation and violence. By drawing consideration of the problem of war back to the level of a philosophical examination of the metaphysics of human subjectivity, The Other's War develops a novel theory of war that helps us to better understand the nature of contemporary conflict as a process of recognition. From this perspective, judgment, it is concluded, needs to be constantly guided by the effort to recognise the ethics of the other's war.

Crime Social Control And Human Rights

Author: David M. Downes
Publisher: Willan Pub
ISBN:
Size: 52.60 MB
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Foreword by Noam ChomskyThe work of Stanley Cohen over four decades has come to acquire a classical status in the fields of criminology, sociology and human rights. His writing, research, teaching and practical engagement in these fields have been at once rigorously analytical and intellectually inspiring. It amounts to a unique contribution, immensely varied yet with several unifying themes, and it has made, and continues to make, a lasting impact around the world. His work thus has a protean character and scope which transcend time and place.This book of essays in Stanley Cohen’s honour aims to build on and reflect some of his many-sided contributions. It contains chapters by some of the world’s leading thinkers as well as the rising generation of scholars and practitioners whose approach has been shaped in significant respects by his own. Their focus is on the three key areas of crime, social control and human rights, reflecting the concerns of Stanley Cohen's three seminal books-Folk Devils and Moral Panics, Visions of Social Control and States of Denial.

Reshaping Markets

Author: Bertram Lomfeld
Publisher: Cambridge University Press
ISBN: 1107095905
Size: 73.90 MB
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Using an interdisciplinary approach, this book explains the role of private law in governing markets.

The Four Lacanian Discourses

Author: Jeanne Lorraine Schroeder
Publisher: Routledge
ISBN: 1134039735
Size: 26.99 MB
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This book proposes a taxonomy of jurisprudence and legal practice, based on the discourse theory of Jacques Lacan. In the anglophone academy, the positivist jurisprudence of H.L.A. Hart provides the most influential account of law. But just as positivism ignores the practice of law by lawyers, even within the academy, the majority of professors are also not pursuing Hart's positivist project. Rather, they are engaged in policy-oriented scholarship - that tries to explain law in terms of society's collective goals - or in doctrinal legal scholarship - that does not try to describe what law is, or to supply justifications for it - but which examines the 'internal' logic of law. Lacan's discourse theory has the power to differentiate the various roles of the practicing lawyer and the legal scholar. It is also able to explain the striking lack of communication between diverse schools of legal scholarship and between legal academia and the legal profession. Although extremely influential in Europe and South America, Lacanian theory remains largely unexplored (in the English-speaking world) outside of the field of comparative literature. In taking up the jurisprudential ramifications of Lacan's work, The Four Lacanian Discourses thus constitutes an original contribution to current theoretical and practical understandings of law.