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Law and Sacrifice - Towards a Post Apartheid Theory of Law (Paperback, New)
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Law and Sacrifice - Towards a Post Apartheid Theory of Law (Paperback, New)
Series: Birkbeck Law Press
Expected to ship within 12 - 17 working days
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In the wake of apartheid, Law and Sacrifice draws on the uniquely
expansive protection of fundamental rights now entrenched in the
South African Constitution to outline a new theory of law. The
South African Constitution not only protects the rights of people
against abuses of power by the state, but also against abuses of
power by private legal subjects. Drawing upon the work of
contemporary thinkers such as Martin Heidegger, Hannah Arendt,
George Bataille, Jacques Derrida Emmanuel Levinas and Jean-Luc
Nancy, the author elicits the radical democratic potential of this
'horizontal' notion of rights. Johan van der Walt argues that
apartheid must be understood as more than a racist abuse of power,
and here he articulates its 'sacrificial logic'. It is in going
beyond this logic, he maintains, that the truly democratic
potential of the South African Constitution can be understood: in a
radical formal and substantive equality that offers the legal basis
for rethinking a post-apartheid future. Combining a rigorous
theoretical understanding with a subtle political engagement, Law
and Sacrifice is a dazzling interrogation of the limits and
possibilities of democratic pluralism. It will be of interest to
political and legal theorists as well as to those who are concerned
with South African law and politics.
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