Argues that different systems of law pre-suppose different legal ideologies, and explores the nature of these ideologies in the context of different legal and political problems in South Africa. This volume interprets South African law and legal ideology in novel ways intended to open up the dialogue about that nation's ideological problems. Thus, the book adds to our understanding of the nature of ideological conflict in South Africa and sketches one possible method for dealing with the intense ideological polarization found in that society. Co-published with the Centre for Intergroup Studies.
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 opportunity for crea-tivity, experimentation and re-imaginings. About the publication In the second edition of PULP FICTIONS we continue the search for a vibrant and active public sphere through debate. As in the first edition, the dialogue is one between two academics from the faculty of law and, as in the first edition, different conceptions of law, politics and the role of the academic are teased out. The context of the debate in this edition is a series of research meetings of the Department of Legal History, Comparative Law and Jurisprudence at the UP Law Faculty. Over a course of a few of these meetings different perspectives on law, politics and the limits/ potential of the law were voiced by different colleagues.Tshepo Madlingozi presented in one of the meetings his views on the role of legal academics in progressive politics. In this contribution, which appears here, he urges all of us to move ‘beyond the ivory tower’, get out of our ‘air conditioned offices’ and embrace participatory action research. Madlingozi defines the latter as field research where the researcher interacts and participates with communities and engages in research that is ‘unashamedly’ political. Anton Kok in response takes what he calls a ‘pragmatic instrumentalist’ view in contrast to Madlingozi’s more ‘ambitious critique’. Focusing more on law’s potential he highlights the areas where law could contribute to transformation. Both colleagues are not afraid to put their personal political/ideological views on the table. In this way they contribute to the vision of creating a space for dialogue, dissent, creativity and re-imaginings. About the authors: Mr Tshepo Madlingozi works at the Department of Legal History, Comparitive Law and Jurisprudence, Faculty of Law, University of Pretoria. His article: Legal academics and progressive politics in South Africa: Moving beyond the ivory tower. Mr Anton Kok is a Senior Lecturer at the Department of Legal History, Comparitive Law and Jurisprudence, Faculty of Law, University of Pretoria. His article: Legal academics and progressive politics in South Africa: Moving beyond the ivory tower - A reply to Tshepo Madlingozi About the editor: Karin van Marle is a Professor at the Department of Legal History, Comparitive Law and Jurisprudence, at the Faculty of Law, University of Pretoria.
Argues that different systems of law pre-suppose different legal ideologies, and explores the nature of these ideologies in the context of different legal and political problems in South Africa. This volume interprets South African law and legal ideology in novel ways intended to open up the dialogue about that nation's ideological problems. Thus, the book adds to our understanding of the nature of ideological conflict in South Africa and sketches one possible method for dealing with the intense ideological polarization found in that society. Co-published with the Centre for Intergroup Studies.
This book deals with the historic transition to democracy in South Africa and its impact upon crime and punishment. It examines how the problem of crime has emerged as a major issue to be governed in post-apartheid South Africa. Having undergone a dramatic transition from authoritarianism to democracy, from a white minority to black majority government, South Africa provides rich material on the role that political authority, and challenges to it, play in the construction of crime and criminality. As such, the study is about the socio-cultural and political significance of crime and punishment in the context of a change of regime. The work uses the South African case study to examine a question of wider interest, namely the politics of punishment and race in neoliberalizing regimes. It provides interesting and illuminating empirical material to the broader debate on crime control in post-welfare/neoliberalizing/post transition polities.
Critical analysis of civil law and criminal law in South Africa R, with particular reference to internal security laws restricting the civil rights of persons (esp. Africans) expressing political opposition to Apartheid institutions - compares the South African political system with the western pattern of democracy, comments on legislation regarding the suppression of communism, etc., and includes a brief comparison of USA federal law. References.
Focusing on South Africa during the period 1650–2000, this book examines the role of law in making democracy work in changing societies. The Legacies of Law sheds light on the neglected relationship between path dependence and the law. Meierhenrich argues that legal norms and institutions, even illiberal ones, have an important - and hitherto undertheorized - structuring effect on democratic outcomes. Under certain conditions, law appears to reduce uncertainty in democratization by invoking common cultural backgrounds and experiences. In instances where interacting adversaries share qua law reasonably convergent mental models, transitions from authoritarian rule are shown to be less intractable. Meierhenrich's historical analysis of the evolution of law - and its effects - in South Africa during the period 1650–2000, compared with a short study of Chile from 1830–1990, shows how, and when, legal norms and institutions serve as historical causes to both liberal and illiberal rule.
Constitutional Options for a Democratic South Africa describes the unjust South African political and judicial apartheid system that exploited black South Africans. Ziyad Motala emphasizes the importance of a constitution and state system that would not only ameliorate the enormous inequalities generated by colonialism and apartheid but also ensure equal democratic rights and protection to all citizens in the post-apartheid South Africa. He carefully examines and compares the political outcomes of post-independent African states adopting (1) the Western liberal federal state, (2) the Soviet-inspired Marxist unitary state, or (3) the locally inspired one-party African socialist state. Motala weighs the relative merits of these state structures for dealing with the complex of democracy, socioeconomic development, and national unity in multiethnic states. He contends that the constitutions and state practices employed thus far by African states have not facilitated political and socioeconomic development, and recommends different constitutional and state options for South Africa.
In this book, 15 contributors from the disciplines of law, politics, and sociology reflect on South Africa's transition to democracy and the challenges of transformation and nation-building that have confronted the country since the first democratic elections of 1994. The range of topics is expansive, in keeping with a broader-than-usual definition of transitional justice which, it is argued, is more appropriate for States faced with the mammoth tasks of reform and institution-building in a context in which democracy has never been firmly rooted and the existence of widespread poverty gives rise to the dual demands for both bread and freedom. In the case of South Africa, the post-apartheid era has been characterized by wide-ranging attempts at transformation and nation-building, from the well-known Truth and Reconciliation Commission to reforms in education and policing, the promotion of women's rights, the reform of land law, the provision of basic services to hundreds of thousands of poor households, a new framework for freedom of expression, and the transformation of the judiciary. In the light of South Africa's commitment to a new constitutional dispensation and to legal regulation, this volume focuses in particular, but not exclusively, on the role that law and lawyers have played in social and political change in South Africa in the post-apartheid era. It sets the South African experience in historical and comparative perspective and considers whether any lessons may be learned for the field of transitional justice. (Series: Transitional Justice - Vol. 15)
