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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.
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.”
`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.
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.
Law and economics are interdependent. Using a historical case analysis approach, this book demonstrates how the legal process relates to and is affected by economic circumstances. Glen Atkinson and Stephen P. Paschall examine this co-evolution in the context of the economic development that occurred in the nineteenth and early twentieth centuries as well as the impact of the law on that development. Specifically, the authors explore the development of a national market, the transformation of the corporation, and the conflict between state and federal control over businesses. Their focus on dynamic, integrated systems presents an alternative to mainstream law and economics. The authors apply John R. Commons's approach to three main law and economics issues: the changing relationship between corporations and the state, the application of the Commerce Clause and the Fourteenth Amendment of the US Constitution to state and federal regulation of business, and the relationship of antitrust law to industrialization. They provide a valuable linking of law with changing economic circumstances such as antitrust policy changes and the development of the corporate form. This analytical approach to the practice of law and economics will be of interest to researchers, students, and faculty in law and economics, economic history, constitutional law, economic regulation, public policy, and the sociology of law. Business students and researchers will also find value in this book's presentation of court decisions and exploration of economic development.
On 30 July 1949, the Legal Aid and Advice Act was granted royal assent with the intention of ensuring that anyone who needed legal advice would be able to access it. In this timely book the authors describe the origins and history of legal aid as well as New Labour's attempts to reform the system years on. They argue that on its 60th anniversary legal aid has fallen short of its original aims. There exists a marked difference between the numbers of cases pursued to enforce rights and the many potential cases that people never take up as they are either not aware of their rights or they decide it is not worth the trouble to take it further - this is 'the justice gap'. Though UK legal aid is arguably the best funded in the world the authors illustrate that the public are not being well served by the current system which has emerged from the recent reforms. They clearly articulate the necessary, essential reforms to bridge the justice gap that has been created and also to bring into reality the intentions of the original Act. This title will be of great interest to all legal aid practitioners and commentators and an essential purchase for policy-makers and students across the legal and social policy sectors.
Court Number One of the Old Bailey is the most famous court room in the world, and the venue of some of the most sensational human dramas ever to be played out in a criminal trial. The principal criminal court of England, historically reserved for the more serious and high-profile trials, Court Number One opened its doors in 1907 after the building of the 'new' Old Bailey. In the decades that followed it witnessed the trials of the most famous and infamous defendants of the twentieth century. It was here that the likes of Madame Fahmy, Lord Haw Haw, John Christie, Ruth Ellis, George Blake (and his unlikely jailbreakers, Michael Randle and Pat Pottle), Jeremy Thorpe and Ian Huntley were defined in history, alongside a wide assortment of other traitors, lovers, politicians, psychopaths, spies, con men and - of course - the innocent. Not only notorious for its murder trials, Court Number One recorded the changing face of modern British society, bearing witness to alternate attitudes to homosexuality, the death penalty, freedom of expression, insanity and the psychology of violence. Telling the stories of twelve of the most scandalous and celebrated cases across a radically shifting century, this book traces the evolving attitudes of Britain, the decline of a society built on deference and discretion, the tensions brought by a more permissive society and the rise of trial by mass media. From the Sunday Times bestselling author of Jeremy Hutchinson's Case Histories, Court Number One is a mesmerising window onto the thrills, fears and foibles of the modern age.
What do the Mona Lisa, the light bulb, and a Lego brick have in common? The answer - intellectual property (IP) - may be surprising, because IP laws are all about us, but go mostly unrecognized. They are complicated and arcane, and few people understand why they should care about copyright, patents, and trademarks. In this lustrous collection, Claudy Op den Kamp and Dan Hunter have brought together a group of contributors - drawn from around the globe in fields including law, history, sociology, science and technology, media, and even horticulture - to tell a history of IP in 50 objects. These objects not only demonstrate the significance of the IP system, but also show how IP has developed and how it has influenced history. Each object is at the core of a story that will be appreciated by anyone interested in how great innovations offer a unique window into our past, present, and future.
Demands for redress of historical injustice are a crucial component of contemporary struggles for social and transnational justice. However, understanding when and why an unjust history matters for considerations of justice in the present is not straightforward. Alasia Nuti develops a normative framework to identify which historical injustices we should be concerned about, to conceptualise the relation between persistence and change and, thus, conceive of history as newly reproduced. Focusing on the condition of women in formally egalitarian societies, the book shows that history is important to theorise the injustice of gender inequalities and devise transformative remedies. Engaging with the activist politics of the unjust past, Nuti also demonstrates that the reproduction of an unjust history is dynamic, complex and unsettling. It generates both historical and contemporary responsibilities for redress and questions precisely those features of our order that we take for granted.
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.
This is a study of what constituted legality and the role of law in ancient societies. Investigating and comparing legal codes and legal thinking of the ancient societies of Mesopotamia, Egypt, Greece, India, the Roman Republic, the Roman Empire and of the ancient Rabbis, this volume examines how people used law to create stable societies. Starting with Hammurabi's code, this volume also analyzes the law of the pharaohs and the codes of the ancient rabbis and of the Roman Emperor Justinian. Focusing on the key concepts of justice equity and humaneness, the status of women and slaves, and the idea of criminality and of war and peace; no other book attempts to examine such diverse legal systems and legal thinking from the ancient world.
Legal luminaries from around the world met at South Africa’s Constitutional Court to discuss the judiciary’s influence in effecting societal change, its relationship with the state and the marginalized and its role in breathing life into the rights to equality, free speech and life. Seminal human rights court cases that retain their relevance despite the passage of time, served as catalysts for reflection, recollection and discussion by some of the world’s leading jurists.
The first-hand accounts of some of those who had been involved in these cases lend poignancy and provide a unique insight into cases that have shaped human rights law.
This book presents fresh and inspiring perspectives on the canon of human rights law. The discussions – lively, engaging, responsive and open-ended – place cases in context while mapping their trajectories in society and across boundaries.
Seventeen years after Robert E. Lee's surrender at Appomattox, one final, dramatic confrontation occurred between the Lee family and the United States government. In The Last Battle of the Civil War, Anthony J. Gaughan recounts the fascinating saga of United States v. Lee, known to history as the "Arlington Case."
Prior to the Civil War, Mary Lee, Robert E. Lee's wife, owned the estate that Arlington National Cemetery rests on today. After the attack on Fort Sumter, however, the Union army seized the Lees' Arlington home and converted it into a national cemetery as well as a refugee camp for runaway slaves.
In 1877 George Washington Custis Lee, Robert and Mary's eldest son, filed suit demanding that the federal government pay the Lees just compensation for Arlington. In response, the Justice Department asserted that sovereign immunity barred Lee and all other private plaintiffs from bringing Fifth Amendment takings cases. The courts, the government claimed, had no jurisdiction to hear such lawsuits.
In a historic ruling, the Supreme Court rejected the government's argument. As the majority opinion explained, "All the officers of the government, from the highest to the lowest, are creatures of the law and are bound to obey it." The ruling made clear that the government was legally obligated by the Fifth Amendment to pay just compensation to the Lees.
The Court's ruling in United States v. Lee affirmed the principle that the rule of law applies equally to ordinary citizens and high government officials. As the justices emphasized, the Constitution is not suspended in wartime and government officials who violate the law are not beyond the reach of justice. Ironically, the case also represented a watershed on the path of sectional reconciliation. By ruling in favor of the Lee family, the justices demonstrated that former Confederates would receive a fair hearing in the federal courts.
Gaughan provides a riveting account of the Civil War's final battle, a struggle whose outcome became a significant step on the path to national reunion.
In a fascinating blend of biography and history, Joseph Tartakovsky tells the epic and unexpected story of our Constitution through the eyes of ten extraordinary individuals--some renowned, like Alexander Hamilton and Woodrow Wilson, and some forgotten, like James Wilson and Ida B. Wells-Barnett. Tartakovsky brings to life their struggles over our supreme law from its origins in revolutionary America to the era of Obama and Trump. Sweeping from settings as diverse as Gold Rush California to the halls of Congress, and crowded with a vivid Dickensian cast, Tartakovsky shows how America's unique constitutional culture grapples with questions like democracy, racial and sexual equality, free speech, economic liberty, and the role of government. Joining the ranks of other great American storytellers, Tartakovsky chronicles how Daniel Webster sought to avert the Civil War; how Alexis de Tocqueville misunderstood America; how Robert Jackson balanced liberty and order in the battle against Nazism and Communism; and how Antonin Scalia died warning Americans about the ever-growing reach of the Supreme Court. From the 1787 Philadelphia Convention to the clash over gay marriage, this is a grand tour through two centuries of constitutional history as never told before, and an education in the principles that sustain America in the most astonishing experiment in government ever undertaken.
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.
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
Officials of football's world governing body, FIFA,are arrested in dramatic dawn raids in Switzerland and America. Sport has, once again, encountered the law. From Match Fixing to Murder looks at 101 diverse cases involving sport or sporting personalities that have ended up before courts or tribunals: from the 'body in the trunk 'murder by a former Wimbledon finalist to the fixing of baseball's 1919 World Series; from a transsexual tennis player seeking to play in the women's singles at the US Open to a wife's claim in the divorce courts that 'golf was his mistress'. Written in an entertaining style for the general sports fan,the book includes football's Eric Cantona, Bobby Moore andJohn Terry; Tony Greig and Ian Botham from cricket; golfersTiger Woods and Rory McIlroy; Lewis Hamilton from motor racing; jockeys Lester Piggott and Kieren Fallon; rugby's JPR Williams; and cyclist Lance Armstrong. All have contributed,some reluctantly, to the history of sporting encounters with the law.
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