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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.”
A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. Thework is divided The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and volume 12 forthcoming in 2012/2013), accounts for the development of legal thought from ancient Greek times through the twentieth century. The entire set will be completed with an index. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects namely, legal positivism, natural-law theory, and the theory of legal reasoning and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.
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.
Since its Broadway debut, Hamilton: An American Musical has infused itself into the American experience: who shapes it, who owns it, who can rap it best. Lawyers and legal scholars, recognizing the way the musical speaks to some of our most complicated constitutional issues, have embraced Alexander Hamilton as the trendiest historical face in American civics. Hamilton and the Law offers a revealing look into the legal community's response to the musical, which continues to resonate in a country still deeply divided about the reach of the law. A star-powered cast of legal minds-from two former U.S. solicitors general to leading commentators on culture and society-contribute brief and engaging magazine-style articles to this lively book. Intellectual property scholars share their thoughts on Hamilton's inventive use of other sources, while family law scholars explore domestic violence. Critical race experts consider how Hamilton furthers our understanding of law and race, while authorities on the Second Amendment discuss the language of the Constitution's most contested passage. Legal scholars moonlighting as musicians discuss how the musical lifts history and law out of dusty archives and onto the public stage. This collection of minds, inspired by the phenomenon of the musical and the Constitutional Convention of 1787, urges us to heed Lin-Manuel Miranda and the Founding Fathers and to create something new, daring, and different.
Historical Justice and Memory highlights the global movement for historical justice-acknowledging and redressing historic wrongs-as one of the most significant moral and social developments of our times. Such historic wrongs include acts of genocide, slavery, systems of apartheid, the systematic persecution of presumed enemies of the state, colonialism, and the oppression of or discrimination against ethnic or religious minorities. The historical justice movement has inspired the spread of truth and reconciliation processes around the world and has pushed governments to make reparations and apologies for past wrongs. It has changed the public understanding of justice and the role of memory. In this book, leading scholars in philosophy, history, political science, and semiotics offer new essays that discuss and assess these momentous global developments. They evaluate the strength and weaknesses of the movement, its accomplishments and failings, its philosophical assumptions and social preconditions, and its prospects for the future.
Following the defeat of Hillary Clinton in the presidential election of 2016, many prominent scholars and political pundits argued that a successful Democratic Party in the future must abandon identity politics. While these calls for Democrats to distance themselves from such strategies have received much attention, there is scant academic work that empirically tests whether nonracial campaigns provide an advantage to Democrats today. As Christopher Stout explains, those who argue for deracialized appeals to voters may not be considering how several high-profile police shootings and acquittals, increasing evidence of growing racial economic disparities, retrenchments on voting rights, and the growth of racial hate groups have made race a more salient issue now than in the recent past. Moreover, they fail to account for how demographic changes in the United States have made racial and ethnic minorities a more influential voting bloc. The Case for Identity Politics finds that racial appeals are an effective form of outreach for Democratic candidates and enhance, rather than detract from, their electability in our current political climate.
Malcolm Feeley, one of the founding giants of the law and society field, is also one of its most exciting, diverse, and contemporary scholars. His works have examined criminal courts, prison reform, the legal profession, legal professionalism, and a variety of other important topics of enduring theoretical interest with a keen eye for the practical implications. In this volume, The Legal Process and the Promise of Justice, an eminent group of contemporary law and society scholars offer fresh and original analyzes of his work. They asses the legacy of Feeley's theoretical innovations, put his findings to the test of time, and provide provocative historical and international perspectives for his insights. This collection of original essays not only draws attention to Professor Feeley's seminal writings but also to the theories and ideas of others who, inspired by Feeley, have explored how courts and the legal process really work to provide a promise of justice.
Plausible Crime Stories is not only the first in-depth study of the history of sex offences in Mandate Palestine but it also pioneers an approach to the historical study of criminal law and proof that focuses on plausibility. Doctrinal rules of evidence only partially explain which crime stories make sense while others fail to convince. Since plausibility is predicated on commonly held systems of belief, it not only provides a key to the meanings individual social players ascribe to the law but also yields insight into communal perceptions of the legal system, self-identity, the essence of normality and deviance and notions of gender, morality, nationality, ethnicity, age, religion and other cultural institutions. Using archival materials, including documents relating to 147 criminal court cases, this socio-legal study of plausibility opens a window onto a broad societal view of past beliefs, dispositions, mentalities, tensions, emotions, boundaries and hierarchies.
Between 1632 and 1748, Virginia's General Assembly revised the colony's statutes seven times. These revisals provide an invaluable opportunity to gauge how governors, councilors, and burgesses created a hybrid body of colonial statute law that would become the longest strand in the American legal fabric. In Statute Law in Colonial Virginia, Warren Billings presents a series of snapshots that depict the seven revisions of the corpus juris the General Assembly undertook. In so doing, he highlights the good, the corrupt, and the loathsome applications of broad legislative authority throughout the colonial era. Each revision was built on prior written law and embodies the members' legal knowledge and statutory craftsmanship, revealing their use of an unbridled discretion to further the interests they represented. Statutes undergirded Virginia's evolving legal culture, and by examining these revisals and their links, Billings casts light on the hybrid nature of Virginia statute law and its relation to English laws.
The definitive account of an icon who shaped gender equality for all women. In this comprehensive, revelatory biography - fifteen years of interviews and research in the making - historian Jane Sherron De Hart explores the central experiences that crucially shaped Ginsburg's passion for justice, her advocacy for gender equality, and her meticulous jurisprudence. At the heart of her story and abiding beliefs was her Jewish background, specifically the concept of tikkun olam, the Hebrew injunction to 'repair the world', with its profound meaning for a young girl who grew up during the Holocaust and World War II. Ruth's journey began with her mother, who died tragically young but whose intellect inspired her daughter's feminism. It stretches from Ruth's days as a baton twirler at Brooklyn's James Madison High School to Cornell University to Harvard and Columbia Law Schools; to becoming one of the first female law professors in the country and having to fight for equal pay and hide her second pregnancy to avoid losing her job; to becoming the director of the ACLU's Women's Rights Project and arguing momentous anti-sex-discrimination cases before the US Supreme Court. All this, even before being nominated in 1993 to become the second woman on the Court, where her crucial decisions and dissents are still making history. Intimately, personably told, this biography offers unprecedented insight into a pioneering life and legal career whose profound impact will reverberate deep into the twenty-first century and beyond.
Before World War I, the government reaction to labor dissent had been local, ad hoc, and quasi-military. Sheriffs, mayors, or governors would deputize strikebreakers or call out the state militia, usually at the bidding of employers. When the United States entered the conflict in 1917, government and industry feared that strikes would endanger war production; a more coordinated, national strategy would be necessary. To prevent stoppages, the Department of Justice embarked on a sweeping new effort-replacing gunmen with lawyers. The department systematically targeted the nation's most radical and innovative union, the Industrial Workers of the World, also known as the Wobblies, resulting in the largest mass trial in U.S. history. In the first legal history of this federal trial, Dean Strang shows how the case laid the groundwork for a fundamentally different strategy to stifle radical threats, and had a major role in shaping the modern Justice Department. As the trial unfolded, it became an exercise of raw force, raising serious questions about its legitimacy and revealing the fragility of a criminal justice system under great external pressure.
When a three-year-old child was found with a head wound and other injuries, it looked like an open-and-shut case of second-degree murder. Psychologist and attorney Susan Vinocour agreed to evaluate the defendant, the child's mentally ill and impoverished grandmother, to determine whether she was competent to stand trial. Even if she had caused the child's death, had she realized at the time that her actions were wrong or was she legally "insane"? What followed was anything but an open-and-shut case. Nobody's Child traces the legal definition of "insanity" back to its inception in Victorian Britain nearly two hundred years ago, from when our understanding of the human mind was in its infancy, to today, when questions of race, class, and ability so often determine who is legally "insane" and who is criminally guilty. Vinocour explains how "competency" and "insanity" are creatures of a legal system, not of psychiatric reality, and how, in criminal law, the insanity defense has to often been a luxury of the rich and white. Nobody's Child is a profoundly dignified portrait of injustice in America and a complex examination of the troubling intersection of mental health and the law. When prisons are now the largest institutions for the mentally ill, Vinocour demands that we reckon with our conceptions of "insanity" with clarity, empathy, and responsibility.
From Bill Minutaglio and Steven L. Davis, authors of the PEN Center USA award-winning DALLAS 1963, comes a madcap narrative about Timothy Leary's daring prison escape and run from the law.
On the moonlit evening of September 12, 1970, an ex-Harvard professor with a genius IQ studies a twelve-foot high fence topped with barbed wire. A few months earlier, Dr. Timothy Leary, the High Priest of LSD, had been running a gleeful campaign for California governor against Ronald Reagan. Now, Leary is six months into a ten-year prison sentence for the crime of possessing two marijuana cigarettes.
Praise for In Chambers: "This new collection of essays, including some by former clerks, takes readers inside justices' chambers for a look at clerkship life.... [T]he best parts of the book are the behind-the-scenes descriptions of life at the court."- Associated Press "An excellent book... It's interesting for many different reasons, not the least of which as a reminder of how much of a bastion of elitism the Court has always been."- Atlantic Monthly In his earlier books, In Chambers and Of Courtiers and Kings, Todd C. Peppers provided an insider's view of the Supreme Court from the perspective of the clerks who worked closely with some of its most important justices. With Of Courtiers and Princes, he concludes the trilogy by examining the understudied yet equally fascinating role of lower court clerks-encompassing pioneering women and minorities. Drawing on contributions from former law clerks and judicial scholars-including an essay by Ruth Bader Ginsburg-the book provides an inside look at the professional and personal bonds that form between lower court judges and their clerks. While the individual essays often focus on a single judge and his or her corps of law clerks, including their selection process, contributions, and even influence, the book as a whole provides a macro-level view of the law clerk's role in the rapidly changing world of lower federal and state courts, thereby offering an unusual yet crucial perspective on the inner workings of our judicial system.
'Chris is a powerful force for good in the national debate on criminal justice.' -The Secret Barrister 'Extraordinary' - Krishnan Guru-Murthy Chris Daw QC has been practising criminal law for over 25 years, navigating Britain's fractured justice system from within. He has looked into the eyes of murderers, acted for notorious criminals, and listened to the tangled tales woven by fraudsters, money launderers and drug barons. Yet his work takes place at the heart of a system at breaking point - one which is failing perpetrators, victims and society - and now he is convinced that something must change. For most of us the criminal law only matters when we are victims of crime or are called for jury service. But what if everything we have been told about crime and punishment is wrong? What if the whole criminal justice system is a catastrophic waste of money, churning out lifelong criminals, dragging children into court from as young as ten, and fighting a war on drugs that can never be won? Drawing on his own fascinating case histories and global reporting, including the 2019 London Bridge attacks, Alabama's prison system and one of Britain's most dramatic mass shootings, Daw presents a radical new set of solutions for crime and punishment. By turns shocking, moving and pragmatic, Justice on Trial offers rare inside access to a system in crisis and a roadmap to a future beyond the binary of 'good' and 'evil'.
The number one Irish Times bestseller. 'An original and textured history of one of the most controversial and misunderstood episodes of modern Irish history' Diarmaid Ferriter. The arms crisis of 1970 came about when two Irish cabinet ministers, Charles Haughey and Neil Blaney, alongside an army officer and other figures, were accused by Taoiseach Jack Lynch of smuggling arms to the IRA in Northern Ireland. The criminal prosecution that followed, the Arms Trial, was a cause celebre at the time; while it resulted in the acquittal of all the accused, the political crisis it generated was one of the major events of late twentieth-century Irish history. In the fifty years since, myth and controversy has surrounded the trial and its aftermath. Was the country really on the brink of a bloody civil war involving North and South? Did the two Ministers sacked by Lynch help generate the bloody campaign of the Provisional IRA - or were they set up by the Taoiseach as fall guys for an arms plot that was unofficially authorized but always deniable by Lynch? Was there, as is often claimed, a kind of coup in preparation that Lynch's prompt action foiled? A great deal of astonishing new evidence has been uncovered by Michael Heney in his research for this book, raising serious questions about Lynch and his relationship with future Taoiseach Charles Haughey. The book also contains the first comprehensive investigation into how the arms trial prosecution was mounted, and how the jury came to their verdict of acquittal. Heney's meticulous scholarship challenges much of the conventional wisdom about these sensational events. The Arms Crisis of 1970 is a major contribution to our understanding of a pivotal moment in postwar Irish history.
When a thirteen-year-old boy strikes out on his own in 1885, leaving his Civil War- ravaged Mississippi homeland for the wild Red River borderland between North Texas and Indian Territory, the American West is a land beyond the reach of the law. Crime thrives in the absence of law officers, courtrooms, judges, and jails. Vigilante justice, the posse, and the hangman's noose fill the void. But by the time the young man-now a veteran outlaw-dies by the gun in 1929 after a tempestuous career, the Old West has been largely tamed, its official legal systems firmly in place. Veteran defense attorney and prosecutor Bill Neal takes readers from Mississippi to the frontiers of West Texas, Indian Territory, New Mexico Territory, and finally the frozen Montana wilderness through a series of linked, true-life tales of crimes and trials. Tracing the struggles of incipient criminal justice in the Southwest through an engaging progression of outlaws and lawmen, plus a host of colorful frontier trial lawyers and judges, Neal reveals how law and societymatured together.
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