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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.
Law, Memory, Violence
The demand for recognition, responsibility, and reparations is regularly invoked in the wake of colonialism, genocide, and mass violence: there can be no victims without recognition, no perpetrators without responsibility, and no justice without reparations. Or so it seems from law’s limited repertoire for assembling the archive after ‘the disaster’. Archival and memorial practices are central to contexts where transitional justice, addressing historical wrongs, or reparations are at stake. The archive serves as a repository or ‘storehouse’ of what needs to be gathered and recognised so that it can be left behind in order to inaugurate the future. The archive manifests law’s auth...
Curating Community
Reconsiders complex questions about how we imagine ourselves and our political communities
A Jurisprudence of Movement
Law moves, whether we notice or not. Set amongst a spatial turn in the humanities, and jurisprudence more specifically, this book calls for a greater attention to legal movement, in both its technical and material forms. Despite various ways the spatial turn has been taken up in legal thought, questions of law, movement and its materialities are too often overlooked. This book addresses this oversight, and it does so through an attention to the materialities of legal movement. Paying attention to how law moves across different colonial and contemporary spaces, this book reveals there is a problem with common law’s place. Primarily set in the postcolonial context of Australia – although r...
Facing homelessness
In Facing homelessness: Finding inclusionary, collaborative solutions we face the other, and in facing the other, we face ourselves. This book contributes to an emerging body of knowledge on street homelessness in the South African context. It is meant for researchers and scholars who are committed to finding solutions for street homelessness. It offers conceptual frameworks and practical guidelines for a liberating and transformative response to homelessness. It brings together authors from a wide range of disciplines, fusing the rigour of researchers, the vision of activists and the lived experience of practitioners. In this volume, the causes of street homelessness in South Africa today, ...
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.
