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Long-Run Consequences of Legal Development in South Africa, 1652–2000
Author: Jens Meierhenrich
Publisher: Cambridge University Press
Category: Political Science
Focusing on South Africa during the period 1650–2000, this book examines the role of law in making democracy work in changing societies. The Legacies of Law sheds light on the neglected relationship between path dependence and the law. Meierhenrich argues that legal norms and institutions, even illiberal ones, have an important - and hitherto undertheorized - structuring effect on democratic outcomes. Under certain conditions, law appears to reduce uncertainty in democratization by invoking common cultural backgrounds and experiences. In instances where interacting adversaries share qua law reasonably convergent mental models, transitions from authoritarian rule are shown to be less intractable. Meierhenrich's historical analysis of the evolution of law - and its effects - in South Africa during the period 1650–2000, compared with a short study of Chile from 1830–1990, shows how, and when, legal norms and institutions serve as historical causes to both liberal and illiberal rule.
This volume puts to rest the myth that the Jews went passively to the slaughter like sheep. Indeed Jews resisted in every Nazi-occupied country - in the forests, the ghettos, and the concentration camps.The essays presented here consider Jewish resistance to be resistance by Jewish persons in specifically Jewish groups, or by Jewish persons working within non-Jewish organizations. Resistance could be armed revolt; flight; the rescue of targeted individuals by concealment in non-Jewish homes, farms, and institutions; or by the smuggling of Jews into countries where Jews were not objects of Nazi persecution. Other forms of resistance include every act that Jewish people carried out to fight against the dehumanizing agenda of the Nazis - acts such as smuggling food, clothing, and medicine into the ghettos, putting on plays, reading poetry, organizing orchestras and art exhibits, forming schools, leaving diaries, and praying. These attempts to remain physically, intellectually, culturally, morally, and theologically alive constituted resistance to Nazi oppression, which was designed to demolish individuals, destroy their soul, and obliterate their desire to live.
Fifty years before his death in 2013, Nelson Mandela stood before Justice de Wet in Pretoria's Palace of Justice and delivered one of the most spectacular and liberating statements ever made from a dock. In what came to be regarded as "the trial that changed South Africa", Mandela summed up the spirit of the liberation struggle and the moral basis for the post-Apartheid society. In this blistering critique of Apartheid and its perversion of justice, Mandela transforms the law into a sword and shield. He invokes it while undermining it, uses it while subverting it, and claims it while defeating it. Wise and strategic, Mandela skilfully reimagines the courtroom as a site of visibility and hearing, opening up a political space within the legal. This volume returns to the Rivonia courtroom to engage with Mandela's masterful performance of resistance and the dramatic core of that transformative event. Cutting across a wide-range of critical theories and discourses, contributors reflect on the personal, spatial, temporal, performative, and literary dimensions of that constitutive event. By redefining the spaces, institutions and discourses of law, contributors present a fresh perspective that re-sets the margins of what can be thought and said in the courtroom.
Colonial, Authoritarian, and Humanitarian Legacies in Sudan
Author: Mark Fathi Massoud
Publisher: Cambridge University Press
How do a legal order and the rule of law develop in a war-torn state? Using his field research in Sudan, the author uncovers how colonial administrators, postcolonial governments and international aid agencies have used legal tools and resources to promote stability and their own visions of the rule of law amid political violence and war in Sudan. Tracing the dramatic development of three forms of legal politics - colonial, authoritarian and humanitarian - this book contributes to a growing body of scholarship on law in authoritarian regimes and on human rights and legal empowerment programs in the Global South. Refuting the conventional wisdom of a legal vacuum in failed states, this book reveals how law matters deeply even in the most extreme cases of states still fighting for political stability.