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Throughout the past 50 years, the courts have been a battleground for contesting political forces as more and more conflicts that were once fought in Parliament or in streets, or through strikes and media campaigns, find their way to the judiciary.
Certainly, the legal system was used by both the apartheid state and its opponents. But it is in the post-apartheid era, and in particular under the rule of President Jacob Zuma, that we have witnessed a dramatic increase in ‘lawfare’: the migration of politics to the courts.
The authors show through a series of case studies how just about every aspect of political life ends up in court: the arms deal, the demise of the Scorpions, the Cabinet reshuffle, the expulsion of the EFF from Parliament, the nuclear procurement process, the Cape Town mayor…
In Rule Of Law, Glynnis Breytenbach reflects back on her career as a prosecutor, including specific cases she has tried, and on her life to provide a fascinating commentary on the importance of the independence of judicial institutions and the precariousness of this independence.
Her current challenges are directly linked to how outspoken she is and how she continues to campaign fiercely for the rule of law in this country.
Every criminal case starts in a magistrates' court, and most end there. Last year, the 14,000 magistrates of England & Wales dealt with almost 1.4 million cases. But, what exactly does a magistrate do, who are they, and how are they recruited and trained? Are they out-of-touch and unrepresentative, or still fit for purpose with a role to play in today's increasingly sophisticated and complex judicial system? The Secret Magistrate takes the reader on an eye-opening, behind-the-scenes tour of a year in the life of an inner-city magistrate. Chapters cover a variety of cases including the disqualified driver who drove away from court, the Sunbed Pervert, and Fifi the Attack Chihuahua. Foreword by Malcolm Richardson OBE | Chair, Magistrates Association, 2015-17
The growing importance of this area of law both locally and internationally has prompted a number of local academics to pool their knowledge in compiling a book that not only deals with the core aspects of the law but also covers developing aspects that are drawing substantial attention both internationally and locally.
This book makes a major contribution to the surveys of intellectual property that already exist.
Realising the Right to Basic Education examines the crucial roles of civil society and the courts in developing the right to education in South Africa amid substantial and persistent inequalities in education provisioning. Unlike other socio-economic rights in the Constitution, the right to basic education is framed as an unqualified right - it is not subject to qualifiers such as 'progressive realisation' and 'within the state's available resources'. Yet, two and a half decades into South Africa's constitutional democracy, the apartheid legacy of unequal education still lingers. Poor, predominantly black learners continue to attend historically disadvantaged schools that are often severely under-resourced, producing poor learner outcomes. This has given rise to a wave of civil society activism since around 2008 - and organisations have been utilising legal mobilisation as a key tool to effect change in historically disadvantaged schools. The litigation initiated by these organisations has contributed to a rich and evolving jurisprudence on the right to basic education as a substantive right. However, in a significant number of these cases, the relevant education departments have not complied with court orders, requiring litigants to seek increasingly innovative, experimentalist and even coercive remedies to ensure that judgments are implemented. Realising the Right to Basic Education presents an overview of these education-provisioning cases and the roles played by civil society and the courts. It analyses the contribution of these two role-players in the normative development of the right to basic education. The book also aims to identify a viable framework for interpreting the right to basic education - one that can guide South Africa towards adequate education provisioning and, ultimately, facilitate transformation of basic education in South Africa's historically disadvantaged schools.
Law Of Persons, now in its sixth edition, has become a standard text on the South African law of persons. The book was first published in 1995, just after the dawn of South Africa’s first democratic dispensation. The book constitutes a general and fully referenced source on the law of persons, and reflects the transformation of the law of persons in line with the values entrenched in the Constitution of the Republic of South Africa, 1996, with specific reference to the Bill of Rights.
First-year students will derive the most benefit from Law of Persons if the book is used in conjunction with the Law of Persons Sourcebook.
Arthur Chaskalson: A Life Dedicated to Justice for All is a biography of a remarkable life lived in service both to law and to the struggle for social change and justice. The social change it describes is the victory over apartheid, which was won on several fronts and through the efforts of people in many nations, but an important one of those fronts lay in the courts of South Africa itself.
Arthur Chaskalson’s life story and the four phases of his remarkable career – advocate at the Johannesburg Bar; founder and leader of the Legal Resources Centre; his involvement in the constitution-making process; and his term as the first Chief Justice of South Africa’s Constitutional Court – embody the story of law in the struggle against apartheid and then in a newly created democracy. At the same time, Chaskalson’s chronicle is also individual, the shaping of the moral intelligence of a lawyer and a judge, trusted by everyone he dealt with, through the fires of a lifetime’s opposition to a society’s injustice.
In exploring Chaskalson’s life and career, we appreciate more clearly the roles lawyers can play in social change and the achievement of a just social order, and at the same time we gain insight into the combination of upbringing, experience and character that shapes a man first into a ‘cause lawyer’ and then into a path-breaking and foundation-laying judge.
A compelling explanation of how the law shapes the distribution of wealth What is it that transforms a simple object, an idea, or a promise to pay into an asset that creates wealth? Katharina Pistor explains how, behind closed doors in the offices of private attorneys, capital is created-and why this little-known activity is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else. A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the various ways that debt, complex financial products, and other assets are selectively coded to protect and reproduce private wealth. This provocative book paints a troubling portrait of the pervasive global nature of the code, the people who shape it, and the governments that enforce it.
In recent years a new form of populism has taken hold of our politics, turning Britain into an increasingly intolerant and fractious country. As our society grapples with the threat posed by terrorism and the uncertainty that has followed the Brexit referendum and the coronavirus pandemic, cracks have begun to appear in the very foundations of our liberal democracy; the values that we once regarded as sacred are being called into question. Former barrister and judge Inigo Bing examines how the bonds of trust between the British people and our democratic institutions have broken down and the principles that underpin the rule of law are under threat from populist politics. Populism on Trial analyses how politicians have shown an increasing contempt for the principle of judicial independence as they attempt to exercise unrestrained power. Bing seeks to remind us that without law we have only power, and power without law is tyranny. He demonstrates how the rule of law is a fragile yet essential ingredient in our democracy and argues that it must be vigorously upheld or it will be cast aside by the rising tide of populism
J.D. Lewis-Williams, a leading South African archaeologist and ethnographer, examines the complex myths of the San-Bushmen to create a larger theory of how myth is used in cultures worldwide. Exploring ethnographic, archival and archaeological lines of research, he extracts the `nuggets', the far-reaching but often unspoken words and concepts of language and understanding that are opaque to outsiders, to establish a more nuanced theory of the role of these myths in the thought-world and social circumstances of the San. The book draws from the author's own work, the unique 19th-century Bleek & Lloyd archive, more recent ethnographic work, and San rock art and includes well-known San stories such as The broken string, Mantis dreams, and Creation of the eland.
'As enjoyable as it is thought-provoking' Jared Diamond By the authors of the international bestseller Why Nations Fail, based on decades of research, this powerful new big-picture framework explains how some countries develop towards and provide liberty while others fall to despotism, anarchy or asphyxiating norms - and explains how liberty can thrive despite new threats. Liberty is hardly the 'natural' order of things; usually states have been either too weak to protect individuals or too strong for people to protect themselves from despotism. There is also a happy Western myth that where liberty exists, it's a steady state, arrived at by 'enlightenment'. But liberty emerges only when a delicate and incessant balance is struck between state and society - between elites and citizens. This struggle becomes self-reinforcing, inducing both state and society to develop a richer array of capacities, thus affecting the peacefulness of societies, the success of economies and how people experience their daily lives. Explaining this new framework through compelling stories from around the world, in history and from today - and through a single diagram on which the development of any state can be plotted - this masterpiece helps us understand the past and present, and analyse the future. 'In this highly original and gratifying fresco, Daron Acemoglu and Jim Robinson take us on a journey through civilizations, time and locations. Their narrow corridor depicts the constant and often unstable struggle of society to keep the Leviathan in check and of the Leviathan to weaken the cage of norms. A remarkable achievement that only they could pull off and that seems destined to repeat the stellar performance of Why Nations Fail' Jean Tirole, Nobel Laureate in Economics, 2014 'Another outstanding, insightful book by Acemoglu and Robinson on the importance and difficulty of getting and maintaining a successful democratic state. Packed with examples and analysis, it is a pleasure to read' Peter Diamond, Nobel Laureate in Economics, 2010 'The Narrow Corridor takes us on a fascinating journey, across continents and through human history, to discover the critical ingredient of liberty. It finds that it's up to each of us: that ingredient is our own commitments, as citizens, to support democratic values. In these times, there can be no more important message - nor any more important book' George Akerlof, Nobel Laureate in Economics, 2001 'How should we view the current challenges facing our democracies? This brilliant, timely book offers a simple, powerful framework for assessing alternative forms of social governance. The analysis is a reminder that it takes vigilance to maintain a proper balance between the state and society - to stay in the 'narrow corridor' - and avoid falling either into statelessness or dictatorship' Bengt Holmstrom, Nobel Laureate in Economics, 2016
'A must-read. Acemoglu and Robinson are intellectual heavyweights of the first rank . . . erudite and fascinating' Paul Collier, Guardian, on Why Nations Fail In this profoundly important follow up to their global bestseller, Acemoglu and Robinson provide a powerful new framework for looking at countries' development through the way that the state interacts with society. This conceptualisation - in which any country can be located on a simple diagram and its future predicted - is new and based on decades of their research. The power distribution between state and society affects how peaceful societies are, what types of institutions develop, how much oppression and fear people suffer, how their economies are organized, and how rich they are. Full of entertaining stories from the past (it starts with the wife of a Nigerian ruler fleeing Abuja with 38 suitcases of cash), Balance of Power sheds light on issues from the present and has practical political ideas for the future. 'An intellectually rich book that develops an important thesis with verve' Martin Wolf, Financial Times, on Why Nations Fail
Could the courts really order the death of your innocent baby? Was there an illegal immigrant who couldn't be deported because he had a pet cat? Are unelected judges truly enemies of the people? Most of us think the law is only relevant to criminals, if we even think of it at all. But the law touches every area of our lives: from intimate family matters to the biggest issues in our society. Our unfamiliarity is dangerous because it makes us vulnerable to media spin, political lies and the kind of misinformation that frequently comes from loud-mouthed amateurs and those with vested interests. This 'fake law' allows the powerful and the ignorant to corrupt justice without our knowledge - worse, we risk letting them make us complicit. Thankfully, the Secret Barrister is back to reveal the stupidity, malice and incompetence behind many of the biggest legal stories of recent years. In Fake Law, the Secret Barrister debunks the lies and builds a defence against the abuse of our law, our rights and our democracy that is as entertaining as it is vital.
Malcolm Feeley, one of the founding giants of the law and society field, is also one of its most exciting, diverse, and contemporary scholars. His works have examined criminal courts, prison reform, the legal profession, legal professionalism, and a variety of other important topics of enduring theoretical interest with a keen eye for the practical implications. In this volume, The Legal Process and the Promise of Justice, an eminent group of contemporary law and society scholars offer fresh and original analyzes of his work. They asses the legacy of Feeley's theoretical innovations, put his findings to the test of time, and provide provocative historical and international perspectives for his insights. This collection of original essays not only draws attention to Professor Feeley's seminal writings but also to the theories and ideas of others who, inspired by Feeley, have explored how courts and the legal process really work to provide a promise of justice.
From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as "the deep state." Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.
Providing a panoramic and interdisciplinary perspective, this book explores the interrelations between globalization, borders, families and the law. It considers the role of international, multi-national and religious laws in shaping the lives of the millions of families that are affected by the opportunities and challenges created by globalization, and the ongoing resilience of national borders and cultural boundaries. Examining familial life-span stages - establishing spousal relations, raising children and being cared for in old age - Hacker demonstrates the fruitfulness in studying families beyond the borders of national family law, and highlights the relevance of immigration and citizenship law, public and private international law and other branches of law. This book provides a rich empirical description of families in our era. It is relevant not only to legal scholars and practitioners but also to scholars and students within the sociology of the family, globalization studies, border studies, immigration studies and gender studies.
From a young age Albie Sachs played a prominent part in the
struggle for justice in South Africa. As a result he was detained
in solitary confinement, tortured by sleep deprivation and
eventually blown up by a car bomb which cost him his right arm and
the sight of an eye. His experiences provoked an outpouring of
creative thought on the role of law as a protector of human dignity
in the modern world, and a lifelong commitment to seeing a new era
of justice established in South Africa.
Plausible Crime Stories is not only the first in-depth study of the history of sex offences in Mandate Palestine but it also pioneers an approach to the historical study of criminal law and proof that focuses on plausibility. Doctrinal rules of evidence only partially explain which crime stories make sense while others fail to convince. Since plausibility is predicated on commonly held systems of belief, it not only provides a key to the meanings individual social players ascribe to the law but also yields insight into communal perceptions of the legal system, self-identity, the essence of normality and deviance and notions of gender, morality, nationality, ethnicity, age, religion and other cultural institutions. Using archival materials, including documents relating to 147 criminal court cases, this socio-legal study of plausibility opens a window onto a broad societal view of past beliefs, dispositions, mentalities, tensions, emotions, boundaries and hierarchies.
The inspiration behind the hit podcast THE 100 TYPES OF HUMAN with DEXTER DIAS and BBC 5 Live host NIHAL ARTHANAYAKE 'This book is the one. Think Sapiens and triple it.' - Julia Hobsbawm, author of Fully Connected _______________________________ We all have ten types of human in our head. They're the people we become when we face life's most difficult decisions. We want to believe there are things we would always do - or things we never would. But how can we be sure? What are our limits? Do we have limits? The Ten Types of Human is a pioneering examination of human nature. It looks at the best and worst that human beings are capable of, and asks why. It explores the frontiers of the human experience, uncovering the forces that shape our thoughts and actions in extreme situations. From courtrooms to civil wars, from Columbus to child soldiers, Dexter Dias takes us on a globe-spanning journey in search of answers, touching on the lives of some truly exceptional people. Combining cutting-edge neuroscience, social psychology and human rights research, The Ten Types of Human is a provocative map to our hidden selves. It provides a new understanding of who we are - and who we can be. _______________________________ 'I emerged from this book feeling better about almost everything... a mosaic of faces building into this extraordinary portrait of our species.' - Guardian 'The Ten Types of Human is a fantastic piece of non-fiction, mixing astonishing real-life cases with the latest scientific research to provide a guide to who we really are. It's inspiring and essential.' - Charles Duhigg 'Uplifting and indispensable.' - Howard Cunnell _______________________________ What readers are saying about 'the most important book in years': 'utterly compelling...this one comes with a warning - only pick it up if you can risk not putting it down' - Wendy Heydorn on Amazon, 5 stars 'one of the most remarkable books I've read... I can genuinely say that it has changed the way I view the world' - David Jones on Amazon, 5 stars 'Essential reading for anyone wishing to understand the human condition... a thrilling and beautifully crafted book' - Wasim on Amazon, 5 stars 'This is the most important book I have read in years' - Natasha Geary on Amazon, 5 stars 'an important and fascinating read... It will keep you glued to the page' - Hilary Burrage on Amazon, 5 stars 'a journey that I will never forget, will always be grateful for, and I hope will help me question who I am... a work of genius' - Louise on Amazon, 5 stars 'This is a magnificent book that will capture the interest of every type of reader... one of those rare and special books that demand rereading' - Amelia on Amazon, 5 stars 'I simply couldn't put it down... one of the most significant books of our time' - Jocelyne Quennell on Amazon, 5 stars 'Read The Ten Types of Human and be prepared to fall in love' - Helen Fospero on Amazon, 5 stars
The US 'war on terror' has repeatedly violated fundamental rule of law values. When executive and legislature commit such egregious wrongs, courts represent the ultimate defense. Law's Trials: The Performance of Legal Institutions in the US 'War on Terror' offers the first comprehensive account of judicial performance during the sixteen years of the Bush and Obama administrations. Abel examines criminal prosecutions of alleged terrorists, courts martial of military personnel accused of law of war violations, military commission trials of 'high value detainees', habeas corpus petitions by Guantanamo detainees, civil damage actions by victims of both the 'war on terror' and terrorism, and civil liberties violations by government officials and Islamophobic campaigners. Law's Trials identifies successful defenses of the rule of law through qualitative and quantitative analyses, comparing the behavior of judges within and between each category of cases and locating those actions in a comparative history of efforts to redress fundamental injustices.
The most sophisticated theories of judicial behavior depict judges as rational actors who strategically pursue multiple goals when making decisions. However, these accounts tend to disregard the possibility that judges have heterogeneous goal preferences - that is, that different judges want different things. Integrating insights from personality psychology and economics, this book proposes a new theory of judicial behavior in which judges strategically pursue multiple goals, but their personality traits determine the relative importance of those goals. This theory is tested by analyzing the behavior of justices who served on the US Supreme Court between 1946 and 2015. Using recent advances in text-based personality measurement, Hall evaluates the influence of the 'big five' personality traits on the justices' behavior during each stage of the Court's decision-making process. What Justices Want shows that personality traits directly affect the justices' choices and moderate the influence of goal-related situational factors on justices' behavior.
This book provides a comprehensive analysis of the roots of institutionalization, deinstitutionalization legislation and policies of the twentieth century, and twenty-first-century efforts to promote community living policies domestically and internationally, particularly through the role of the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), a landmark treaty adopted on 13 December 2006. Rimmerman shows that deinstitutionalization and community living cannot be examined only in terms of the number of institutions closed but also through the substantial change in values, legislation, and policies supporting personalization, as well as the social participation of people with disabilities. The book includes a significant exploration of United States legislation and important Supreme Court decisions compared with European policies toward community living. Finally it discusses the importance of Articles 12 and 19 of the convention and demonstrates the case of Israel that has used the convention as a road map for proposing a new community living policy.
A leading economist offers a radically new approach to the economic analysis of the law In The Republic of Beliefs, Kaushik Basu, one of the world's leading economists, argues that the traditional economic analysis of the law has significant flaws and has failed to answer certain critical questions satisfactorily. Why are good laws drafted but never implemented? When laws are unenforced, is it a failure of the law or the enforcers? And, most important, considering that laws are simply words on paper, why are they effective? Basu offers a provocative alternative for how the relationship between economics and real-world law enforcement can be understood. Basu summarizes standard, neoclassical law and economics before looking at the weaknesses underlying the discipline. Bringing modern game theory to bear, he develops a "focal point" approach, modeling not just the self-interested actions of the citizens who must follow laws but also the functionaries of the state-the politicians, judges, and bureaucrats-enforcing them. He demonstrates the connections between social norms and the law and shows how well-conceived ideas can change and benefit human behavior. For example, bribe givers and takers will collude when they are treated equally under the law. And in food support programs, vouchers should be given directly to the poor to prevent shop owners from selling subsidized rations on the open market. Basu provides a new paradigm for the ways that law and economics interact-a framework applicable to both less-developed countries and the developed world. Highlighting the limits and capacities of law and economics, The Republic of Beliefs proposes a fresh way of thinking that will enable more effective laws and a fairer society.
With comparative case studies from China, Taiwan and Hong Kong, Jianlin Chen's new work offers a fresh, descriptive and normative perspective on law and religion. This presentation of the original law and religious market theory employs an interdisciplinary approach that sheds light on this subject for scholars in legal and sociological disciplines. It sets out the precise nature of religious competition envisaged by the current legal regimes in the three jurisdictions and analyses how certain restrictions on religious practices may facilitate normatively desirable market dynamics. This updated and invaluable resource provides a new and insightful investigation into this fascinating area of law and religion in Greater China today.
A central theme of law and society is that people's ideas about law and the decisions they make to mobilize law are shaped by community norms and cultural context. But this was not always an established concept. Among the first empirical pieces to articulate this theory was David Engel's 1984 article, 'The Oven Bird's Song: Insiders, Outsiders, and Personal Injuries in an American Community'. Over thirty years later, this article is now widely considered to be part of the law and society canon. This book argues that Engel's article succeeds so brilliantly because it integrates a wide variety of issues, such as cultural transformation, attitudes about law, dispute processing, legal consciousness, rights mobilization, inclusion and exclusion, and inequality. Contributors to this volume explore the influence of Engel's important work, engaging with the possibilities in its challenging hypotheses and provocative omissions related to the legal system and legal process, class conflict and difference, and law in other cultures.
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