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Judging the Judges, Judging Ourselves - Truth, Reconciliation and the Apartheid Legal Order (Paperback, Revised ed.)
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Judging the Judges, Judging Ourselves - Truth, Reconciliation and the Apartheid Legal Order (Paperback, Revised ed.)
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With a Foreword by the South African Minister of Water Affairs and
Forestry, Kader Asmal. The Truth and Reconciliation Commission
(TRC), established in South Africa after the collapse of apartheid,
was the bold creation of a people committed to the task of
rebuilding of a nation and establishing a society founded upon
justice, equality and respect for the rule of law. As part of its
historic, cathartic, mission, the TRC held a special hearing,
calling to account the lawyers - judges, academics and members of
the bar -who had been crucial participants in the apartheid legal
order. This book is an account of those hearings, and an attempt to
evaluate, in the light of theories of adjudication, the historical
role of the judiciary and bar in the apartheid years. This book
offers us the spectacle of an entire legal system on trial. The
echoes from this process are captured here in a way which will
appeal to all readers, lawyers and non-lawyers alike, interested in
the relationship between law and justice, as it is exposed during a
period of transition to democracy. "...an excellent commentary on a
crucial period...a clear, concise and thorough analysis...This book
should be required reading for anyone with a concern for the
relationship between law and justice. .." -Paul Williams (Journal
of Modern African Studies) "a sustained reflection on questions of
complicity, on the politics of the Rule of Law, and on the relation
between law and justice. It presents a forceful case for an 'inner
morality' not just of law, but of the citizenry's attitude towards
that law". -Scott Veitch (Res Publica) "The Truth and
Reconciliation Hearings, as rendered in Professor Dyzenhaus' book,
capture the misery and suffering of a nation. Sometimes almost
unbearable to read, it is a fascinating account of the human
dimensions of law's effect...the book is as much about hope as it
is about pain. Judging the Judges, Judging Ourselves is singularly
effective in combining a scholarly dissection of legal issues with
an underlying, passionate quest for justice. To this reader at
least, it was a page-turner" -Vivian Grosswald Curran (Alberta Law
Review) "...an excellent book for at least three reasons. First, it
is a critically engaged, firsthand account of a unique legal and
political event...Second, it develops an extended argument for a
challengingly normative conception of the rule of law. And third,
the book is well written and a pleasure to read." -Michael Milde
(Canadian Journal of Law and Jurisprudence) "Dyzenhaus's
sophisticated treatment...may yet serve as a benchmark statement in
future debates, whether or not one agrees with its philosophical
point of departure." -Aletta J. Norval (Constellations) "As legal
fora increasingly lose direct state-related implementation power as
a result of globalization and regionalization, judges will need to
consider methods that pursue civil and social justice when actual
implementation is likely to be imperfect or ineffectual. Judging
the Judges, Judging Ourselves is an excellent contribution to
considerations of this historical dilemma." -John P. McCormick (New
York University Journal of Law and Social Change) "...the author
subjects to sustained critical analysis fundamental concepts, such
as judicial independence, parliamentary sovereignty and the rule of
law, which go to the very heart of the judicial function...This is
a splendid book." -The Hon Sir Anthony Mason "Judging the Judges,
Judging Ourselves underscores the imperative that, as the idea of
equal citizenship takes root in the new South Africa, the links
between social justice and procedural morality should be forged
rather than assumed." -Christine Sypnowich (Oxford Journal of Legal
Studies)
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