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Throughout the past 50 years, the courts have been a battleground for contesting political forces as more and more conflicts that were once fought in Parliament or in streets, or through strikes and media campaigns, find their way to the judiciary.
Certainly, the legal system was used by both the apartheid state and its opponents. But it is in the post-apartheid era, and in particular under the rule of President Jacob Zuma, that we have witnessed a dramatic increase in ‘lawfare’: the migration of politics to the courts.
The authors show through a series of case studies how just about every aspect of political life ends up in court: the arms deal, the demise of the Scorpions, the Cabinet reshuffle, the expulsion of the EFF from Parliament, the nuclear procurement process, the Cape Town mayor…
The Land Is Ours tells the story of South Africa’s first black lawyers, who operated in the late nineteenth and early twentieth centuries. In an age of aggressive colonial expansion, land dispossession and forced labour, these men believed in a constitutional system that respected individual rights and freedoms, and they used the law as an instrument against injustice.
The book follows the lives, ideas and careers of Henry Sylvester Williams, Alfred Mangena, Richard Msimang, Pixley ka Isaka Seme, Ngcubu Poswayo and George Montsioa, who were all members of the ANC. It analyses the legal cases they took on, explores how they reconciled the law with the political upheavals of the day, and considers how they sustained their fidelity to the law when legal victories were undermined by politics.
The Land Is Ours shows that these lawyers developed the concept of a Bill of Rights, which is now an international norm. The book is particularly relevant in light of current calls to scrap the Constitution and its protections of individual rights: it clearly demonstrates that, from the beginning, the struggle for freedom was based on the idea of the rule of law.
In Rule Of Law, Glynnis Breytenbach reflects back on her career as a prosecutor, including specific cases she has tried, and on her life to provide a fascinating commentary on the importance of the independence of judicial institutions and the precariousness of this independence.
Her current challenges are directly linked to how outspoken she is and how she continues to campaign fiercely for the rule of law in this country.
Wilfrid Cooper was a rare man during the dark days of apartheid: an advocate whose career coincided almost perfectly with the rise and fall of the Nationalist government, intersecting eerily with that of its “architect” HF Verwoerd, and yet a man whose enlightened principles and liberal thinking saw him regularly defending those less fortunate.
His storied legal career saw him embroiled in numerous political affairs throughout the 1960s, ’70s and ’80s. He represented, among others, Verwoerd’s assassin Dimitri Tsafendas; the SWAPO Six in Swakopmund; the families of Imam Abdullah Haron, Mapetla Mohapi and Hoossen Haffajee and others who died “jumping down stairwells while in detention” or hanged by their own jeans in their cells; and Steven Biko and other activists who were arrested by the security police in the dead of night. There were also the highprofile criminal cases, including the original Kebble-style “assisted suicide” of Baron Dieter van Schauroth and the scandalous case of the Scissors Murderess Marlene Lehnberg.
Wilfrid Cooper reached the peak of his considerable legal prowess in a time when South Africans led a parallel existence, the majority downtrodden while white privilege reigned serenely in the suburbs – a time that could have easily provided him a less controversial career had he desired. And yet even as he and his gregarious wife Gertrude enjoyed wonderful and very sociable years in their Newlands home in Cape Town – an area that was itself remodelled under the Group Areas Act – he chose to walk the path less taken in the shadow of Devil’s Peak. This is his story.
Introduction to law and legal skills introduces LLB students to legal history and basic frameworks and concepts in a graduated, applied and engaging way. The core focus of this text is its innovative educational and learning-developed approach, which helps teach students how to think as lawyers. Knowledge of theory and concept is reinforced through applied, practical exercises which support comprehension. This integrated approach furthers understanding to build and develop independent academic skills. In particular, the text encourages the development of language skills, critical and independent thinking, and legal research skills.
Regsalmanak: 100 stories uit ons regserfenis is ’n keur uit die rubriek Regsalmanak wat Gustaf Pienaar sedert 2012 op gereelde grondslag vir LitNet lewer. Die 12 hoofstukke se titels is die 12 maande van die jaar, en elke maand het datumverwante verhale, telkens met ’n regsinhoud. Pienaar put uit gepubliseerde hofverslae vir hierdie vermaaklike dog leersame verhale.
Regter Burton Fourie, wat die voorwoord tot die boek skryf, beskryf Regsalmanak as volg: “Vir almal – jonk en oud – behoort hierdie publikasie van groot waarde te wees, veral om die implementering van regsbeginsels op praktiese vlak te ervaar. In hierdie opsig is die skrywer werklik ’n meester. Regsbeginsels word deur die gebruik van keurige Afrikaans verduidelik en toegepas. Daardeur word soms ingewikkelde regsbegrippe vir almal toeganklik gemaak. Derhalwe is die werk ’n hoogs genotvolle reis deur ons regsgeskiedenis.”
Margaretha van Hulsteyn (also known as Scrappy) is the daughter of respected Pretoria attorney Sir Willem van Hulsteyn, and she's an aspiring actress. While studying in London after the Great War, Scrappy changes her name to Marda Vanne and enters into a relationship with one of the foremost actresses of her day, Gwen Ffrangcon-Davies.
However, on a visit to her parents in the Union of South Africa, Marda meets Hans Strydom, an attorney and uncompromising radical politician with the soubriquet ‘The Lion of the North’. Their meeting changes the course of her life, at least temporarily… Strydom went on to become a principal progenitor of the harshest discriminatory legislation which endured for decades until his nephew, President FW de Klerk, in a volte-face, dismantled the laws of apartheid.
A work of biographical fiction, The Lion & The Thespian is based on the true story of the marriage of Hans Strydom, prime minister of South Africa from 1954 to 1958, to the actress Marda Vanne. Veteran author David Bloomberg (former executive mayor of Cape Town, and founder of Metropolitan Life), following extensive reading and research, has adhered faithfully to the chronology of the lives of the main protagonists, their personalities and the historical facts with which they were associated. Creative license has allowed Bloomberg to recreate appropriate scenes and dialogue, complemented by reported sources and recorded speeches.
This humorous collection of stories from life at the Bar and on the Bench in the Cape takes a look back at four decades, starting at the end of World War Two and finishing with the arrival of democracy in South Africa.
These tales and recollections, mostly from Bar members now in their 80s, show what an extraordinary time it was for lawyers. Also, remarkably, how much is of relevance to lawyers practising today.
The anecdotes and reminiscences of members of the Bar during this period were collected and edited by Mr Justice Gerald Friedman and Jeremy Gauntlett SC.
In 1801, a 45-year-old Revolutionary War veteran and politician, slovenly, genial, brilliant, and persuasive, became the fourth chief justice of the United States, a post he would hold for a record thirty-four years. Before John Marshall joined the Court, the judicial branch was viewed as the poor sister of the federal government, lacking in dignity and clout. After his passing, the Supreme Court of the United States would never be ignored again. John Marshall is award-winning and bestselling author Richard Brookhiser's definitive biography of America's longest-serving Chief Justice. Marshall (1755-1835) was born in Northern Virginia and served as a captain during the Revolutionary War and then as a delegate to the Virginia state convention. He was a friend and admirer of George Washington, and a cousin and enemy of Thomas Jefferson. His appointment to the Supreme Court came almost by chance-Adams saw him as the last viable option, after previous appointees declined the nomination. Yet he took to the court immediately, turning his sharp mind toward strengthening America's fragile legal order. Americans had inherited from their colonial past a deep distrust of judges as creatures of arbitrary royal power; in reaction, newly independent states made them pawns of legislative whim. The result was legal caprice, sometimes amounting to chaos. Marshall wanted a strong federal judiciary, led by the Supreme Court, to define laws, protect rights, and balance the power of the legislative and executive branches. However, America's legal system, he believed, was threatened by specific individuals-namely Thomas Jefferson and the early Republican Party-who were intent on undermining the Constitution and respect for law in order to empower themselves. As a Federalist and a follower of Washington and Hamilton, he also wanted a strong national government, favorable to business. In his three decades on the court, Marshall accomplished just that. As Brookhiser vividly relates, in a string of often-colorful cases involving businessmen, educators, inventors, scoundrels, Native Americans, and slaves, Marshall clipped the power of the states vis-a-vis the federal government, established the Supreme Court's power to correct or rebuke Congress or the president, and bolstered commerce and contracts. John Marshall's modus operandi was charm and wit, frequently uniting his fellow justices around unanimous decisions in even the most controversial cases. For better and for worse, he made the Supreme Court a central part of American life. John Marshall is the definitive biography of America's greatest judge and most important early Chief Justice.
Plessy v. Ferguson, the Supreme Court case synonymous with "separate but equal," created remarkably little stir when the justices announced their near-unanimous decision on May 18, 1896. Yet it is one of the most compelling and dramatic stories of the nineteenth century, whose outcome embraced and protected segregation, and whose reverberations are still felt into the twenty-first. Separate spans a striking range of characters and landscapes, bound together by the defining issue of their time and ours-race and equality. Wending its way through a half-century of American history, the narrative begins at the dawn of the railroad age, in the North, home to the nation's first separate railroad car, then moves briskly through slavery and the Civil War to Reconstruction and its aftermath, as separation took root in nearly every aspect of American life. Award-winning author Steve Luxenberg draws from letters, diaries, and archival collections to tell the story of Plessy v. Ferguson through the eyes of the people caught up in the case. Separate depicts indelible figures such as the resisters from the mixed-race community of French New Orleans, led by Louis Martinet, a lawyer and crusading newspaper editor; Homer Plessy's lawyer, Albion Tourgee, a best-selling author and the country's best-known white advocate for civil rights; Justice Henry Billings Brown, from antislavery New England, whose majority ruling endorsed separation; and Justice John Harlan, the Southerner from a slaveholding family whose singular dissent cemented his reputation as a steadfast voice for justice. Sweeping, swiftly paced, and richly detailed, Separate provides a fresh and urgently-needed exploration of our nation's most devastating divide.
How the rise of the car, the symbol of American personal freedom, inadvertently led to ever more intrusive policing-with disastrous consequences for racial equality in our criminal justice system. When Americans think of freedom, they often picture the open road. Yet nowhere are we more likely to encounter the long arm of the law than in our cars. Sarah Seo reveals how the rise of the automobile led us to accept-and expect-pervasive police power. As Policing the Open Road makes clear, this radical transformation in the nature and meaning of American freedom has had far-reaching political and legal consequences. Before the twentieth century, most Americans rarely came into contact with police officers. But with more and more drivers behind the wheel, police departments rapidly expanded their forces and increased officers' authority to stop citizens who violated traffic laws. The Fourth Amendment-the constitutional protection against unreasonable searches and seizures-did not effectively shield individuals from government intrusion while driving. Instead, jurists interpreted the amendment narrowly. In a society dependent on cars, everyone-the law-breaking and law-abiding alike-would be subject to discretionary policing. Seo overturns prevailing interpretations of the Warren Court's due process revolution. The justices' efforts to protect Americans did more to accommodate than to limit police intervention, and the new criminal procedures inadvertently sanctioned discrimination by officers of the law. Constitutional challenges to traffic stops largely failed, and motorists "driving while black" had little recourse to question police demands. Seo shows how procedures designed to safeguard us on the road ultimately undermined the nation's commitment to equal protection before the law.
Law and economics are interdependent. Using a historical case analysis approach, this book demonstrates how the legal process relates to and is affected by economic circumstances. Glen Atkinson and Stephen P. Paschall examine this co-evolution in the context of the economic development that occurred in the nineteenth and early twentieth centuries as well as the impact of the law on that development. Specifically, the authors explore the development of a national market, the transformation of the corporation, and the conflict between state and federal control over businesses. Their focus on dynamic, integrated systems presents an alternative to mainstream law and economics. The authors apply John R. Commons's approach to three main law and economics issues: the changing relationship between corporations and the state, the application of the Commerce Clause and the Fourteenth Amendment of the US Constitution to state and federal regulation of business, and the relationship of antitrust law to industrialization. They provide a valuable linking of law with changing economic circumstances such as antitrust policy changes and the development of the corporate form. This analytical approach to the practice of law and economics will be of interest to researchers, students, and faculty in law and economics, economic history, constitutional law, economic regulation, public policy, and the sociology of law. Business students and researchers will also find value in this book's presentation of court decisions and exploration of economic development.
The history of international adjudication is all too often presented as a triumphalist narrative of normative and institutional progress that casts aside its uncomfortable memories, its darker legacies and its historical failures. In this narrative, the bulk of 'trials' and 'errors' is left in the dark, confined to oblivion or left for erudition to recall as a curiosity. Written by an interdisciplinary group of lawyers, historians and social scientists, this volume relies on the rich and largely unexplored archive of institutional and legal experimentation since the late nineteenth century to shed new light on the history of international adjudication. It combines contextual accounts of failed, or aborted, as well as of 'successful' experiments to clarify our understanding of the past and present of international adjudication.
On 30 July 1949, the Legal Aid and Advice Act was granted royal assent with the intention of ensuring that anyone who needed legal advice would be able to access it. In this timely book the authors describe the origins and history of legal aid as well as New Labour's attempts to reform the system years on. They argue that on its 60th anniversary legal aid has fallen short of its original aims. There exists a marked difference between the numbers of cases pursued to enforce rights and the many potential cases that people never take up as they are either not aware of their rights or they decide it is not worth the trouble to take it further - this is 'the justice gap'. Though UK legal aid is arguably the best funded in the world the authors illustrate that the public are not being well served by the current system which has emerged from the recent reforms. They clearly articulate the necessary, essential reforms to bridge the justice gap that has been created and also to bring into reality the intentions of the original Act. This title will be of great interest to all legal aid practitioners and commentators and an essential purchase for policy-makers and students across the legal and social policy sectors.
A novel interpretation of architecture, ugliness, and the social consequences of aesthetic judgment When buildings are deemed ugly, what are the consequences? In Ugliness and Judgment, Timothy Hyde considers the role of aesthetic judgment "and its concern for ugliness "in architectural debates and their resulting social effects across three centuries of British architectural history. From eighteenth-century ideas about Stonehenge to Prince Charles (TM)s opinions about the National Gallery, Hyde uncovers a new story of aesthetic judgment, where arguments about architectural ugliness do not pertain solely to buildings or assessments of style, but intrude into other spheres of civil society. Hyde explores how accidental and willful conditions of ugliness "including the gothic revival Houses of Parliament, the brutalist concrete of the South Bank, and the historicist novelty of Number One Poultry "have been debated in parliamentary committees, courtrooms, and public inquiries. He recounts how architects such as Christopher Wren, John Soane, James Stirling, and Ludwig Mies van der Rohe have been summoned by tribunals of aesthetic judgment. With his novel scrutiny of lawsuits for libel, changing paradigms of nuisance law, and conventions of monarchical privilege, he shows how aesthetic judgments have become entangled in wider assessments of art, science, religion, political economy, and the state. Moving beyond superficialities of taste in order to see how architectural improprieties enable architecture to participate in social transformations, Ugliness and Judgment sheds new light on the role of aesthetic measurement in our world.
Corruption is one of the most prominent issues in Latin American news cycles, with charges deciding the recent elections in Mexico, Brazil, and Guatemala. Despite the urgency of the matter, few recent historical studies on the topic exist, especially on Mexico. For this reason, Christoph Rosenmuller explores the enigma of historical corruption. By drawing upon thorough archival research and a multi-lingual collection of printed primary sources and secondary literature, Rosenmuller demonstrates how corruption in the past differed markedly from today. Corruption in Mexico's colonial period connoted the obstruction of justice; judges, for example, tortured prisoners to extract cash or accepted bribes to alter judicial verdicts. In addition, the concept evolved over time to include several forms of self-advantage in the bureaucracy. Rosenmuller embeds this important shift from judicial to administrative corruption within the changing Atlantic World, while also providing insightful perspectives from the lower social echelons of colonial Mexico.
The intimate, inspiring, and authoritative biography of Sandra Day O'Connor, America's first female Supreme Court justice, drawing on exclusive interviews and first-time access to Justice O'Connor's archives--by the New York Times bestselling author Evan Thomas. "She's a hero for our time, and this is the biography for our time."--Walter Isaacson She was born in 1930 in El Paso and grew up on a cattle ranch in Arizona. At a time when women were expected to be homemakers, she set her sights on Stanford University. When she graduated near the top of her law school class in 1952, no firm would even interview her. But Sandra Day O'Connor's story is that of a woman who repeatedly shattered glass ceilings--doing so with a blend of grace, wisdom, humor, understatement, and cowgirl toughness. She became the first ever female majority leader of a state senate. As a judge on the Arizona Court of Appeals, she stood up to corrupt lawyers and humanized the law. When she arrived at the United States Supreme Court, appointed by President Ronald Reagan in 1981, she began a quarter-century tenure on the Court, hearing cases that ultimately shaped American law. Diagnosed with cancer at fifty-eight, and caring for a husband with Alzheimer's, O'Connor endured every difficulty with grit and poise. Women and men who want to be leaders and be first in their own lives--who want to learn when to walk away and when to stand their ground--will be inspired by O'Connor's example. This is a remarkably vivid and personal portrait of a woman who loved her family, who believed in serving her country, and who, when she became the most powerful woman in America, built a bridge forward for all women. Advance praise for First "A great storyteller has found his greatest subject in trailblazer Sandra Day O'Connor. Evan Thomas has written one of the most insightful and thoroughly captivating biographies I have ever read: A clear and compelling illumination of Sandra Day O'Connor's unique voice and place in American history is told through her remarkable life's journey from a rancher's daughter to the first woman appointed to the highest court in the land."--Doris Kearns Goodwin, Pulitzer Prize-winning author of Leadership: In Turbulent Times "A vivid, humane, and inspiring portrait of an extraordinary woman and how she both reflected and shaped an era."--Drew Faust, president emerita, Harvard University
Bourbon whiskey has made a surprising contribution to American legal history. Tracking the history of bourbon and bourbon law illuminates the development of the United States as a nation, from conquering the wild frontier to rugged individualism to fostering the entrepreneurial spirit to solidifying itself as a nation of laws. Bourbon is responsible for the growth and maturation of many substantive areas of the law, such as trademark, breach of contract, fraud, governmental regulation and taxation, and consumer protection. In Bourbon Justice Brian Haara delves into the legal history behind one of America's most treasured spirits to uncover a past fraught with lawsuits whose outcome, surprisingly perhaps, helped define a nation. Approaching the history of bourbon from a legal standpoint, Haara tells the history of America through the development of commercial laws that guided our nation from an often reckless laissez-faire mentality, through the growing pains of industrialization, and past the overcorrection of Prohibition. More than just true bourbon history, this is part of the American story.
Presidents shape not only the course of history but also how Americans remember and retell that history. From the Oval Office they instruct us what to respect and what to reject in our past. They regale us with stories about who we are as a people, and tell us whom in the pantheon of greats we should revere and whom we should revile. The president of the United States, in short, is not just the nation's chief legislator, the head of a political party, or the commander in chief of the armed forces, but also, crucially, the nation's historian in chief. In this engaging and insightful volume, Seth Cotlar and Richard Ellis bring together top historians and political scientists to explore how eleven American presidents deployed their power to shape the nation's collective memory and its political future. Contending that the nation's historians in chief should be evaluated not only on the basis of how effective they are in persuading others, Historian in Chief argues they should also be judged on the veracity of the history they tell.
In this innovative legal history of economic life in the Western Indian Ocean, Bishara examines the transformations of Islamic law and Islamicate commercial practices during the emergence of modern capitalism in the region. In this time of expanding commercial activity, a melange of Arab, Indian, Swahili and Baloch merchants, planters, jurists, judges, soldiers and seamen forged the frontiers of a shared world. The interlinked worlds of trade and politics that these actors created, the shared commercial grammars and institutions that they developed and the spatial and socio-economic mobilities they engaged in endured until at least the middle of the twentieth century. This major study examines the Indian Ocean from Oman to India and East Africa over an extended period of time, drawing together the histories of commerce, law and empire in a sophisticated, original and richly textured history of capitalism in the Islamic world.
Legal luminaries from around the world met at South Africa’s Constitutional Court to discuss the judiciary’s influence in effecting societal change, its relationship with the state and the marginalized and its role in breathing life into the rights to equality, free speech and life. Seminal human rights court cases that retain their relevance despite the passage of time, served as catalysts for reflection, recollection and discussion by some of the world’s leading jurists.
The first-hand accounts of some of those who had been involved in these cases lend poignancy and provide a unique insight into cases that have shaped human rights law.
This book presents fresh and inspiring perspectives on the canon of human rights law. The discussions – lively, engaging, responsive and open-ended – place cases in context while mapping their trajectories in society and across boundaries.
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