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Truth, Reconciliation and the Apartheid Legal Order (Paperback)
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Truth, Reconciliation and the Apartheid Legal Order (Paperback)
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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 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 the
theories of adjudication, the historical role of the judiciary and
bar in the apartheid years. It argues, often in the words of those
who testified, how the judges failed in their duty to uphold the
rule of law. For the most part, the lawyers of apartheid are found
to have deserted its victims.;The few notable exceptions both
illustrate the potential for lawyers to have done more and lay the
basis for the respect the rule of law still enjoys in South Africa
despite apartheid. Yet, the author argues, many continue to commit
a more serious "crime". Failing to confront the past, and in many
cases refusing even to attend TRC hearings, the lawyers who could
have helped to resist the worst excesses of apartheid remain
accomplices to its evil deeds. This book offers us the spectacle of
an entire legal system on trial. The echoes from this process are
captured here in a way that 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.
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