The Strange Alchemy of Life and Law

Author: Albie Sachs

Publisher: Oxford University Press

ISBN: 0199605777

Category: Biography & Autobiography

Page: 320

View: 1459


Albie Sachs gives an intimate account of his extraordinary life and work as a judge in South Africa. Mixing autobiography with reflections on his major cases and the role of law in achieving social justice, Sachs offers a rare glimpse into the workings of the judicial mind and a unique perspective on modern South African history.

Albie Sachs and Transformation in South Africa

Author: Drucilla Cornell,Karin van Marle,Albie Sachs

Publisher: CRC Press

ISBN: 1317819594

Category: Law

Page: 144

View: 9726


Many critical theorists talk and write about the day after the revolution, but few have actually participated in the constitution of a revolutionary government. Emeritus Justice Albie Sachs was a freedom fighter for most of his life. He then played a major role in the negotiating committee for the new constitution of South Africa, and was subsequently appointed to the new Constitutional Court of South Africa. Therefore, the question of what it means to make the transition from a freedom fighter to a participant in a revolutionary government is not abstract, in Hegel’s sense of the word, it is an actual journey that Albie Sachs undertook. The essays in this book raise the complex question of what it actually means to make this transition without selling out to the demands of realism. In addition, the preface written by Emeritus Justice Albie Sachs and his interview with Drucilla Cornell and Karin van Marle, further address key questions about revolution in the twentieth- and twenty-first centuries: from armed struggle to the organization of a nation state committed to ethical transformation in the name of justice. Albie Sachs and transformation in South Africa: from revolutionary activist to constitutional court judge illuminates the theoretical and practical experiences of revolution and its political aftermath. With first-hand accounts alongside academic interrogation, this unique book will intrigue anyone interested in the intersection of Law and Politics.

Critical Issues in International Refugee Law

Author: James C. Simeon

Publisher: Cambridge University Press

ISBN: 1139490524

Category: Political Science

Page: N.A

View: 1660


This volume of essays examines key cutting-edge areas of international refugee law, including strategies for interpretative harmony, the rights of refugees and the standard of proof in complementary protection. Each topic is examined from a theoretical and a practical perspective in order to find solutions to the many legal issues and concerns which currently confront this area of law, and to seek ways to advance the field as a whole.

We, the People

Author: Albie Sachs

Publisher: NYU Press

ISBN: 1776140001

Category: Biography & Autobiography

Page: 280

View: 2244


A stirring collection of public talks and essays by an activist and former judge offers an intimate insider’s view of South Africa’s Constitution. This stirring collection of essays and talks by activist and former judge Albie Sachs is the culmination of more than 25 years of thought about constitution-making and non-racialism. Following the Constitutional Court's landmark Nkandla ruling in March 2016, it serves as a powerful reminder of the tenets of the Constitution, the rule of law and the continuous struggle to uphold democratic rights and freedoms. We, the People offers an intimate insider's view of South Africa's Constitution by a writer who has been deeply entrenched in its historical journey from the depths of apartheid right up to the politically contested present. As a second-year law student at the University of Cape Town, Sachs took part in the Defiance Campaign and went on to attend the Congress of the People in Kliptown, where the Freedom Charter was adopted in 1955. Three decades later, shortly after the bomb attack in Maputo that cost him his arm and the sight in one eye, he was called on by the Constitutional Committee of the African National Congress to co-draft (with Kader Asmal) the first outline of a Bill of Rights for a new democratic South Africa. In 1994, he was appointed by Nelson Mandela to the Constitutional Court, where he served as a judge until 2009. We, the People contains some of Sachs' most memorable public talks and writings, in which he takes us back to the broad-based popular foundations of the Constitution in the Freedom Charter. He picks up on Oliver Tambo's original vision of a non-racial future for South Africa, rather than one based on institutionalised power-sharing between the races. He explores the tension between perfectability and corruptibility, hope and mistrust, which lies at the centre of all constitutions. Sachs discusses the enforcement of social and economic rights, and contemplates the building of the Constitutional Court in the heart of the Old Fort Prison as a mechanism for reconciling the past and the future. Subjective experience and objective analysis interact powerfully in a personalised narrative that reasserts the value of constitutionality not just for South Africans, but for people striving to advance human dignity, equality and freedom across the world today.

Taking Responsibility, Law and the Changing Family

Author: Heather Keating

Publisher: Routledge

ISBN: 1317047044

Category: Law

Page: 322

View: 6935


This volume considers the impact that changing family norms have had on the responsibilities that the law allocates to people in family relationships. Contributions are drawn from a wide variety of jurisdictions in which scholars, lawyers, judges and policy-makers have been trying to discern what the appropriate correlation should be between the responsibilities that people undertake in family settings and the law that regulates family responsibilities. Part I looks at the changes that have occurred in adult relationships and what they have done for our sense of the family responsibilities that adults take for one another. Part II reflects on the changing nature of the parental relationship in order to reconsider the way in which changing family structures affect the responsibilities we think people raising children should have. The third part brings the rights discourse that has dominated jurisprudence for much of the last fifty years into the discussion of family transformation and the responsibilities to which it gives rise. In the final section the authors reflect on the difficulties of trying to resolve the meaning of responsibility in a world of changing families. The collection brings together some of the most eminent and imaginative scholars and judges working in this area. It will be a valuable resource for all those interested in the legal regulation of the transforming family.

Laughing at the Gods

Author: Allan C. Hutchinson

Publisher: Cambridge University Press

ISBN: 1107017262

Category: Biography & Autobiography

Page: 318

View: 8860


This book showcases eight judges that exemplify judicial greatness and looks at what role they play in law and society.

The Democratic Moment

Author: Xolela Mangcu

Publisher: Jacana Media

ISBN: 1770097740

Category: History

Page: 200

View: 7158


"The democratic moment" is, among other things, a look at the mass forces that swept Jacob Zuma to power in South Africa in 2009 and put an end to the elite politics of the Thabo Mbeki era. Trenchant and provocative, Xolela Mangcu looks at the new configuration of power in South Africa and in the process illuminates such topics as the new black elite, with particular attention to institutions such as the political opposition, the courts and the media. This is a book that will stimulate ideas, provoke discussion, create controversy and help to understand where South Africa stands as a society and a nation.

Homosexuality and the European Court of Human Rights

Author: Paul Johnson

Publisher: Routledge

ISBN: 1136218971

Category: Law

Page: 272

View: 8354


Homosexuality and the European Court of Human Rights is the first book-length study of the Court’s jurisprudence in respect of sexual orientation. It offers a socio-legal analysis of the substantial number of decisions and judgments of the Strasbourg organs on the wide range of complaints brought by gay men and lesbians under the European Convention on Human Rights. Providing a systematic analysis of Strasbourg case law since 1955 and examining decades of decisions that have hitherto remained obscure, the book considers the evolution of the Court’s interpretation of the Convention and how this has fashioned lesbian and gay rights in Europe. Going beyond doctrinal analysis by employing a nuanced sociological consideration of Strasbourg jurisprudence, Paul Johnson shows how the Court is a site at which homosexuality is both socially constructed and regulated. He argues that although the Convention is conceived as a ‘living instrument’ to be interpreted ‘in the light of present-day conditions’ the Court’s judgments have frequently forged and advanced new social conditions in respect of homosexuality. Johnson argues that the Court’s jurisprudence has an extra-legal importance because it provides an authoritative and powerful discursive resource that can be mobilized by lesbians and gay men to challenge homophobic and heteronormative social relations in contemporary societies. As such, the book considers how the Court’s interpretation of the Convention might be evolved in the future to better protect lesbian and gay rights and lives.

The Rise of Gay Rights and the Fall of the British Empire

Author: David A. J. Richards

Publisher: Cambridge University Press

ISBN: 1107037956

Category: Law

Page: 280

View: 6375


This book argues that there is an important connection between ethical resistance to British imperialism and the ethical discovery of gay rights. By closely examining the roots of liberal resistance in Britain and resistance to patriarchy in the United States, this book shows that fighting the demands of patriarchal manhood and womanhood plays an important role in countering imperialism. Advocates of feminism and gay rights (in particular, the Bloomsbury Group in Britain) play an important public function in the criticism of imperialism because they resist the gender binary's role in rationalizing sexism and homophobia in both public and private life. The connection between the rise of gay rights and the fall of empire illuminates larger questions of the meaning of democracy and of universal human rights as shared human values that have appeared since World War II. The book also casts doubt on the thesis that arguments for gay rights must be extrinsic to democracy, and that they must reflect Western, as opposed to "African" or "Asian," values. To the contrary, gay rights arise from within liberal democracy, and its critics polemically use such opposition to cover and rationalize their own failures of democracy.

Justice in South Africa

Author: Albie Sachs

Publisher: Univ of California Press

ISBN: 0520026241

Category: History

Page: 288

View: 871


"A literate, informative, vivid, and most poignant account of what happens to a society when it officially insists on a legal order that systematically denies the overwhelming majority of its population the minimum requirements of justice."--Richard A. Falk, professor emeritus of international law at Princeton University