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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…
The Land Is Ours tells the story of South Africa’s first black lawyers, who operated in the late nineteenth and early twentieth centuries. In an age of aggressive colonial expansion, land dispossession and forced labour, these men believed in a constitutional system that respected individual rights and freedoms, and they used the law as an instrument against injustice.
The book follows the lives, ideas and careers of Henry Sylvester Williams, Alfred Mangena, Richard Msimang, Pixley ka Isaka Seme, Ngcubu Poswayo and George Montsioa, who were all members of the ANC. It analyses the legal cases they took on, explores how they reconciled the law with the political upheavals of the day, and considers how they sustained their fidelity to the law when legal victories were undermined by politics.
The Land Is Ours shows that these lawyers developed the concept of a Bill of Rights, which is now an international norm. The book is particularly relevant in light of current calls to scrap the Constitution and its protections of individual rights: it clearly demonstrates that, from the beginning, the struggle for freedom was based on the idea of the rule of law.
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.
Wilfrid Cooper was a rare man during the dark days of apartheid: an advocate whose career coincided almost perfectly with the rise and fall of the Nationalist government, intersecting eerily with that of its “architect” HF Verwoerd, and yet a man whose enlightened principles and liberal thinking saw him regularly defending those less fortunate.
His storied legal career saw him embroiled in numerous political affairs throughout the 1960s, ’70s and ’80s. He represented, among others, Verwoerd’s assassin Dimitri Tsafendas; the SWAPO Six in Swakopmund; the families of Imam Abdullah Haron, Mapetla Mohapi and Hoossen Haffajee and others who died “jumping down stairwells while in detention” or hanged by their own jeans in their cells; and Steven Biko and other activists who were arrested by the security police in the dead of night. There were also the highprofile criminal cases, including the original Kebble-style “assisted suicide” of Baron Dieter van Schauroth and the scandalous case of the Scissors Murderess Marlene Lehnberg.
Wilfrid Cooper reached the peak of his considerable legal prowess in a time when South Africans led a parallel existence, the majority downtrodden while white privilege reigned serenely in the suburbs – a time that could have easily provided him a less controversial career had he desired. And yet even as he and his gregarious wife Gertrude enjoyed wonderful and very sociable years in their Newlands home in Cape Town – an area that was itself remodelled under the Group Areas Act – he chose to walk the path less taken in the shadow of Devil’s Peak. This is his story.
Introduction to law and legal skills introduces LLB students to legal history and basic frameworks and concepts in a graduated, applied and engaging way. The core focus of this text is its innovative educational and learning-developed approach, which helps teach students how to think as lawyers. Knowledge of theory and concept is reinforced through applied, practical exercises which support comprehension. This integrated approach furthers understanding to build and develop independent academic skills. In particular, the text encourages the development of language skills, critical and independent thinking, and legal research skills.
Law as a profession was not Dikgang Moseneke’s first choice. As a small boy he told his aunt that he wanted to be a traffic officer, but life had other plans for him. At the young age of 15, he was imprisoned for participating in anti-apartheid activities. During his ten years of incarceration, he completed his schooling by correspondence and earned two university degrees. Afterwards he studied law at the University of South Africa.
Practising law during apartheid South Africa brought with it unique challenges, especially to professionals of colour, within a fraught political climate. After some years in general legal practice and at the Bar, and a brief segue into business, Moseneke was persuaded that he would best serve the country’s young democracy by taking judicial office. All Rise covers his years on the bench, with particular focus on his 15-year term as a judge at South Africa’s apex court, the Constitutional Court, including as the deputy chief justice. As a member of the team that drafted the interim Constitution, Moseneke was well placed to become one of the guardians of its final form. His insights into the Constitutional Court’s structure, the values it embodies and the cases that were brought to it make for fascinating reading.
All Rise offers a unique, insider’s view of how the judicial system operates at its best and how it responds when it is under fire. From the Constitutional Court of Arthur Chaskalson to the Mogoeng Mogoeng era, Moseneke’s understated but astute commentary is a reflection on the country’s ongoing but not altogether comfortable journey to a better life for all.
Following the defeat of Hillary Clinton in the presidential election of 2016, many prominent scholars and political pundits argued that a successful Democratic Party in the future must abandon identity politics. While these calls for Democrats to distance themselves from such strategies have received much attention, there is scant academic work that empirically tests whether nonracial campaigns provide an advantage to Democrats today. As Christopher Stout explains, those who argue for deracialized appeals to voters may not be considering how several high-profile police shootings and acquittals, increasing evidence of growing racial economic disparities, retrenchments on voting rights, and the growth of racial hate groups have made race a more salient issue now than in the recent past. Moreover, they fail to account for how demographic changes in the United States have made racial and ethnic minorities a more influential voting bloc. The Case for Identity Politics finds that racial appeals are an effective form of outreach for Democratic candidates and enhance, rather than detract from, their electability in our current political climate.
Regsalmanak: 100 stories uit ons regserfenis is ’n keur uit die rubriek Regsalmanak wat Gustaf Pienaar sedert 2012 op gereelde grondslag vir LitNet lewer. Die 12 hoofstukke se titels is die 12 maande van die jaar, en elke maand het datumverwante verhale, telkens met ’n regsinhoud. Pienaar put uit gepubliseerde hofverslae vir hierdie vermaaklike dog leersame verhale.
Regter Burton Fourie, wat die voorwoord tot die boek skryf, beskryf Regsalmanak as volg: “Vir almal – jonk en oud – behoort hierdie publikasie van groot waarde te wees, veral om die implementering van regsbeginsels op praktiese vlak te ervaar. In hierdie opsig is die skrywer werklik ’n meester. Regsbeginsels word deur die gebruik van keurige Afrikaans verduidelik en toegepas. Daardeur word soms ingewikkelde regsbegrippe vir almal toeganklik gemaak. Derhalwe is die werk ’n hoogs genotvolle reis deur ons regsgeskiedenis.”
Harassment in the workplace: Law, policies and processes is an update and expansion of Sexual harassment in the workplace: Law, policies and processes (2005), which dealt exclusively with sexual harassment. This title now includes other forms of harassment like racial discrimination and workplace bullying. The work will create insight into what constitutes harassment and will also facilitate an understanding of the liability of the employer, how to manage harassment, how to mediate as well as how to deal with the issue of damages and compensation.
Chesterfield Smith spearheaded the American Bar Association's condemnation of Richard M. Nixon during the Watergate scandal. Smith's damning statement "No man is above the law" turned him into a national figure. But his outsized accomplishments, and equally outsized personality, had already made the Florida attorney a legend in his home state. Mary Adkins's biography follows the epic life of a person driven by the motto "do good." A child of the rural South turned war hero, Smith put himself through law school and rose fast to lead the Florida Bar and mastermind the drafting of a new state constitution. At the same time, he grew his small firm into Holland & Knight, a legal leviathan he imbued with his own sense of public duty. His idealism further manifested in his hiring of women and people of color while his expansive professional network led to a close friendship with future Supreme Court justice Ruth Bader Ginsburg. Adkins also examines Smith's mentoring of several outstanding legal figures and the community service organizations still influenced by his humane vision of the law. Fully realized and long overdue, Chesterfield Smith, America's Lawyer illuminates the complexities of a defining Florida figure who became a legal giant.
Since its Broadway debut, Hamilton: An American Musical has infused itself into the American experience: who shapes it, who owns it, who can rap it best. Lawyers and legal scholars, recognizing the way the musical speaks to some of our most complicated constitutional issues, have embraced Alexander Hamilton as the trendiest historical face in American civics. Hamilton and the Law offers a revealing look into the legal community's response to the musical, which continues to resonate in a country still deeply divided about the reach of the law. A star-powered cast of legal minds-from two former U.S. solicitors general to leading commentators on culture and society-contribute brief and engaging magazine-style articles to this lively book. Intellectual property scholars share their thoughts on Hamilton's inventive use of other sources, while family law scholars explore domestic violence. Critical race experts consider how Hamilton furthers our understanding of law and race, while authorities on the Second Amendment discuss the language of the Constitution's most contested passage. Legal scholars moonlighting as musicians discuss how the musical lifts history and law out of dusty archives and onto the public stage. This collection of minds, inspired by the phenomenon of the musical and the Constitutional Convention of 1787, urges us to heed Lin-Manuel Miranda and the Founding Fathers and to create something new, daring, and different.
This brand new edition, redesigned in hardback for 2019, is the perfect gift for lawyers, armchair detectives and true crime aficionados everywhere.
A rollicking collection of barely believable stories from five centuries of legal history - you'll be gripped by these tales of murder, intrigue, crime, punishment and the pursuit of justice. Meet the only dead parrot ever to give evidence in a court of law, the doctor with the worst bedside manner of all time, the murderess who collected money from her mummified victim for 21 years, and explore one of the most indigestible dilemmas - if you'd been shipwrecked 2,000 miles from home, would you have eaten Parker the cabin boy? The tales within these pages are bizarre, fascinating, hilarious and, most importantly, true.
In the years following the landmark United States Supreme Court decision on libel law in New York Times v. Sullivan, the court ruled on a number of additional cases that continued to shape the standards of protected speech. As part of this key series of judgments, the justices explored the contours of the Sullivan ruling and established the definition of ""reckless disregard"" as it pertains to ""actual malice"" in the case of St. Amant v. Thompson. While an array of scholarly and legal literature examines Sullivan and some subsequent cases, the St. Amant case- once called ""the most important of the recent Supreme Court libel decisions""- has not received the attention it warrants. Eric P. Robinson's Reckless Disregard corrects this omission with a thorough analysis of the case and its ramifications. The history of St. Amant v. Thompson begins with the contentious 1962 U.S. Senate primary election in Louisiana, between incumbent Russell Long and businessman Philemon ""Phil"" A. St. Amant. The initial lawsuit stemmed from a televised campaign address in which St. Amant attempted to demonstrate Long's alleged connections with organized crime and corrupt union officials. Although St. Amant's claims had no effect on the outcome of the election, a little-noticed statement he made during the address- that money had ""passed hands"" between Baton Rouge Teamsters leader Ed Partin and East Baton Rouge Parish deputy sheriff Herman A. Thompson- led to a defamation lawsuit that ultimately passed through the legal system to the Supreme Court. A decisive step in the journey toward the robust protections that American courts provide to comments about public officials, public figures, and matters of public interest, St. Amant v. Thompson serves as a significant development in modern American defamation law. Robinson's study deftly examines the background of the legal proceedings as well as their social and political context. His analysis of how the Supreme Court ruled in this case reveals the justices' internal deliberations, shedding new light on a judgment that forever changed American libel law.
The age of human rights has been kindest to the rich. Even as state violations of political rights garnered unprecedented attention due to human rights campaigns, a commitment to material equality disappeared. In its place, economic liberalization has emerged as the dominant force in national and global economies. In this provocative book, Samuel Moyn analyzes how and why we chose to make human rights our highest ideals while simultaneously neglecting the demands of a broader social and economic justice. Moyn places the human rights movement in relation to this disturbing shift from an embrace of the welfare state to the neoliberal globalization of today and explores why the rise of human rights has occurred alongside exploding inequality. "Samuel Moyn breaks new ground in examining the relationship between human rights and economic fairness." -George Soros "[The book's] critical-and self-critical-energy is consistently bracing, and is surely a condition of restoring the pursuit of equality and justice as an indispensable modern tradition." -Pankaj Mishra, London Review of Books "No one has written with more penetrating skepticism about the history of human rights... Moyn asks whether human-rights theorists and advocates, in the quest to make the world better for all, have actually helped to make things worse...Sure to provoke a wider discussion." -Adam Kirsch, Wall Street Journal
Through a life that spanned every decade of the twentieth century, Supreme Court advocate Bessie Margolin shaped modern American labor policy while creating a place for female lawyers in the nation's highest courts. Despite her beginnings in an orphanage and her rare position as a southern, Jewish woman pursuing a legal profession, Margolin became an important and influential Supreme Court advocate. In this comprehensive biography, Marlene Trestman reveals the forces that propelled and the obstacles that impeded Margolin's remarkable journey, illuminating the life of this trailblazing woman. Raised in the Jewish Orphans' Home in New Orleans, Margolin received an extraordinary education at the Isidore Newman Manual Training School. Both institutions stressed that good citizenship, hard work, and respect for authority could help people achieve economic security and improve their social status. Adopting these values, Margolin used her intellect and ambition, along with her femininity and considerable southern charm, to win the respect of her classmates, colleagues, bosses, and judges - almost all of whom were men. In her career she worked with some of the most brilliant legal professionals in America. A graduate of Tulane and Yale Law Schools, Margolin launched her career in the early 1930s, when only 2 percent of America's attorneys were female, and far fewer were Jewish and from the South. According to Trestman, Margolin worked hard to be treated as ""one of the boys."" For the sake of her career, she eschewed marriage - but not romance - and valued collegial relationships, never shying from a late-night brief-writing session or a poker game. But her personal relationships never eclipsed her numerous professional accomplishments, among them defending the constitutionality of the New Deal's Tennessee Valley Authority, drafting rules establishing the American military tribunals for Nazi war crimes in Nuremberg, and, on behalf of the Labor Department, shepherding through the courts the child labor, minimum wage, and overtime protections of the Fair labor Standards Act of 1938. A founding member of that National organisation for Women, Margolin culminated her government service as a champion of the Equal Pay Act, arguing and winning the first appeals. Margolin's passion for her work and focus on meticulous preparation resulted in an outstanding record in appellate advocacy, both in number of cases and rate of success. By prevailing in 21 of her 24 Supreme Court arguments Margolin shares the elite company of only a few dozen women and men who attained such high standing as Supreme Court advocates.
This humorous collection of stories from life at the Bar and on the Bench in the Cape takes a look back at four decades, starting at the end of World War Two and finishing with the arrival of democracy in South Africa.
These tales and recollections, mostly from Bar members now in their 80s, show what an extraordinary time it was for lawyers. Also, remarkably, how much is of relevance to lawyers practising today.
The anecdotes and reminiscences of members of the Bar during this period were collected and edited by Mr Justice Gerald Friedman and Jeremy Gauntlett SC.
A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. Thework is divided The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and volume 12 forthcoming in 2012/2013), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects namely, legal positivism, natural-law theory, and the theory of legal reasoning and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.
Talmudic legislation prescribed penalty for a Jew to testify in a non-Jewish court, against a fellow Jew, to benefit a gentile - for breach of a duty of loyalty to a fellow Jew. Through close textual analysis, Saul Berman explores how Jewish jurists responded when this virtue of loyalty conflicted with values such as Justice, avoidance of desecration of God's Name, deterrence of crime, defence of self, protection of Jewish community, and the duty to adhere to Law of the Land. Essential for scholars and graduate students in Talmud, Jewish law and comparative law, this key volume details the nature of these loyalties as values within the Jewish legal system, and how the resolution of these conflicts was handled. Berman additionally explores why this issue has intensified in contemporary times and how the related area of 'Mesirah' has wrongfully come to be prominently associated with this law regulating testimony.
In "Signposts," Sally E. Hadden and Patricia Hagler Minter have
assembled seventeen essays, by both established and rising
scholars, that showcase new directions in southern legal history
across a wide range of topics, time periods, and locales. The
essays will inspire today's scholars to dig even more deeply into
the southern legal heritage, in much the same way that David
Bodenhamer and James Ely's seminal 1984 work, "Ambivalent Legacy,"
inspired an earlier generation to take up the study of southern
It is hard to make a desert in a place that receives sixty inches of rain each year. But after decades of copper mining, all that remained of the old hardwood forests in the Ducktown Mining District of the Southern Appalachian Mountains was a fifty-square mile barren expanse of heavily gullied red hills--a landscape created by sulfur dioxide smoke from copper smelting and destructive logging practices. In Ducktown Smoke , Duncan Maysilles examines this environmental disaster, one of the worst the South has experienced, and its impact on environmental law and Appalachian conservation. Beginning in 1896, the widening destruction wrought in Tennessee, Georgia, and North Carolina by Ducktown copper mining spawned hundreds of private lawsuits, culminating in Georgia v. Tennessee Copper Co. , the U.S. Supreme Court's first air pollution case. In its 1907 decision, the Court recognized for the first time the sovereign right of individual states to protect their natural resources from transborder pollution, a foundational opinion in the formation of American environmental law. Maysilles reveals how the Supreme Court case brought together the disparate forces of agrarian populism, industrial logging, and the forest conservation movement to set a legal precedent that remains relevant in environmental law today. |Maysilles examines one of the South's worst environmental disasters caused by the Ducktown Mining District in the Southern Appalachians, and its impact on environmental law and Appalachian conservation.
'No freeman is to be taken or imprisoned, or dispossessed ... except through the lawful judgment of his peers or through the law of the land.' 'To no one shall we sell, to no one shall we deny or delay right or justice.' Magna Carta (or 'Great Charter' of English Liberties) is one of the most important documents in legal history. Originating as a peace treaty agreed between King John and a group of powerful barons at Runnymede near Windsor on 15 June 1215, it enshrined in law the concept of individual liberty and defined the role of the monarch towards the people. The charter was successively revised and reissued throughout the thirteenth century by England's monarchs, and the ideas expressed in it had a profound influence, as seen in the United States Constitution and Bill of Rights. The Latin text of one version of this landmark document (the 1217 issue of Henry III) is transcribed here in full, together with a modern translation and an introduction which traces the background to the making of the charter and its subsequent revisions through the centuries. It also explains how this text has become an enduring symbol of freedom in Britain and throughout the world.
When a three-year-old child was found with a head wound and other injuries, it looked like an open-and-shut case of second-degree murder. Psychologist and attorney Susan Vinocour agreed to evaluate the defendant, the child's mentally ill and impoverished grandmother, to determine whether she was competent to stand trial. Even if she had caused the child's death, had she realized at the time that her actions were wrong or was she legally "insane"? What followed was anything but an open-and-shut case. Nobody's Child traces the legal definition of "insanity" back to its inception in Victorian Britain nearly two hundred years ago, from when our understanding of the human mind was in its infancy, to today, when questions of race, class, and ability so often determine who is legally "insane" and who is criminally guilty. Vinocour explains how "competency" and "insanity" are creatures of a legal system, not of psychiatric reality, and how, in criminal law, the insanity defense has to often been a luxury of the rich and white. Nobody's Child is a profoundly dignified portrait of injustice in America and a complex examination of the troubling intersection of mental health and the law. When prisons are now the largest institutions for the mentally ill, Vinocour demands that we reckon with our conceptions of "insanity" with clarity, empathy, and responsibility.
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.
In this innovative legal history of economic life in the Western Indian Ocean, Bishara examines the transformations of Islamic law and Islamicate commercial practices during the emergence of modern capitalism in the region. In this time of expanding commercial activity, a melange of Arab, Indian, Swahili and Baloch merchants, planters, jurists, judges, soldiers and seamen forged the frontiers of a shared world. The interlinked worlds of trade and politics that these actors created, the shared commercial grammars and institutions that they developed and the spatial and socio-economic mobilities they engaged in endured until at least the middle of the twentieth century. This major study examines the Indian Ocean from Oman to India and East Africa over an extended period of time, drawing together the histories of commerce, law and empire in a sophisticated, original and richly textured history of capitalism in the Islamic world.
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