The Legacies of Law

Author: Jens Meierhenrich
Publisher: Cambridge University Press
ISBN: 0521156998
Release Date: 2010-06-21
Genre: Political Science

This highly original book examines the function of legal norms and institutions in the transition to - and from - apartheid. It sheds light on the neglected relationship between path dependence and the law. The Legacies of Law demonstrates that legal norms and institutions, even illiberal ones, can have an important - and hitherto undertheorized - structuring effect on democratic transitions. Focusing on South Africa during the period 1650-2000, Jens Meierhenrich finds that under certain conditions, law reduces uncertainty in democratization by invoking common cultural backgrounds and experiences. Synthesizing insights from law, political science, economics, sociology, history, and philosophy, he offers an innovative "redescription" of both apartheid and apartheid's endgame. The Legacies of Law demonstrates that in instances in which interacting adversaries share qua law reasonably convergent mental models, transitions from authoritarian rule are less intractable. Meierhenrich's careful longitudinal analysis of the evolution of law -and its effects -in South Africa, compared with a short study of Chile from 1830 to 1990, shows how, and when, legal norms and institutions serve as historical parameters to both democratic and undemocratic rule. By so doing, The Legacies of Law contributes new and unexpected insights -both theoretical and applied -to contemporary debates about democracy and the rule of law. Among other things, Meierhenrich significantly advances our understanding of "hybrid regimes" in the international system and generates important policy-relevant insights into the politics of law and courts in authoritarian regimes.

The Politico Legal Dynamics of Judicial Review

Author: Theunis Roux
Publisher: Cambridge University Press
ISBN: 9781108670470
Release Date: 2018-09-30
Genre: Law

Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and changes to the formal constitution.

Law s Fragile State

Author: Mark Fathi Massoud
Publisher: Cambridge University Press
ISBN: 9781107067509
Release Date: 2013-05-27
Genre: Law

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.

Jewish Resistance Against the Nazis

Author: Patrick Henry
Publisher: CUA Press
ISBN: 9780813225890
Release Date: 2014-04-20
Genre: History

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.

Comparative Judicial Review

Author: Erin F. Delaney
Publisher: Edward Elgar Publishing
ISBN: 9781788110600
Release Date: 2018-09-28
Genre: Law

Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.

The Courtroom as a Space of Resistance

Author: Awol Allo
Publisher: Routledge
ISBN: 9781317037118
Release Date: 2016-03-09
Genre: Law

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.

Making and Unmaking Nations

Author: Scott Straus
Publisher: Cornell University Press
ISBN: 9780801455674
Release Date: 2015-03-24
Genre: Political Science

In Making and Unmaking Nations, Scott Straus seeks to explain why and how genocide takes place—and, perhaps more important, how it has been avoided in places where it may have seemed likely or even inevitable. To solve that puzzle, he examines postcolonial Africa, analyzing countries in which genocide occurred and where it could have but did not. Why have there not been other Rwandas? Straus finds that deep-rooted ideologies—how leaders make their nations—shape strategies of violence and are central to what leads to or away from genocide. Other critical factors include the dynamics of war, the role of restraint, and the interaction between national and local actors in the staging of campaigns of large-scale violence. Grounded in Straus's extensive fieldwork in contemporary Africa, the study of major twentieth-century cases of genocide, and the literature on genocide and political violence, Making and Unmaking Nations centers on cogent analyses of three nongenocide cases (Côte d’Ivoire, Mali, and Senegal) and two in which genocide took place (Rwanda and Sudan). Straus’s empirical analysis is based in part on an original database of presidential speeches from 1960 to 2005. The book also includes a broad-gauge analysis of all major cases of large-scale violence in Africa since decolonization. Straus’s insights into the causes of genocide will inform the study of political violence as well as giving policymakers and nongovernmental organizations valuable tools for the future.

The Constitution of South Africa

Author: Heinz Klug
Publisher: Hart Pub
ISBN: STANFORD:36105215364626
Release Date: 2010
Genre: Law

South Africa's constitution is the crowning achievement of the country's dramatic transition to democracy. This transition began with the unbanning of the liberation movements and release of Nelson Mandela from prison in February 1990. This book presentsthe South African constitution in its historical and social context.

Political Trials in Theory and History

Author: Jens Meierhenrich
Publisher: Cambridge University Press
ISBN: 9781107079465
Release Date: 2017-02-27
Genre: Political Science

This book presents an empirically rigorous and theoretically sophisticated account of political trials.

The Remnants of the Rechtsstaat

Author: Jens Meierhenrich
Publisher: Oxford University Press
ISBN: 9780192545633
Release Date: 2018-03-01
Genre: Law

This book is an intellectual history of Ernst Fraenkel's The Dual State (1941, reissued 2017), one of the most erudite books on the theory of dictatorship ever written. Fraenkel's was the first comprehensive analysis of the rise and nature of Nazism, and the only such analysis written from within Hitler's Germany. His sophisticated-not to mention courageous-analysis amounted to an ethnography of Nazi law. As a result of its clandestine origins, The Dual State has been hailed as the ultimate piece of intellectual resistance to the Nazi regime. In this book, Jens Meierhenrich revives Fraenkel's innovative concept of "the dual state," restoring it to its rightful place in the annals of public law scholarship. Blending insights from legal theory and legal history, he tells in an accessible manner the remarkable gestation of Fraenkel's ethnography of law from inside the belly of the behemoth. In addition to questioning the conventional wisdom about the law of the Third Reich, Meierhenrich explores the legal origins of dictatorship elsewhere, then and now. The book sets the parameters for a theory of the "authoritarian rule of law," a cutting edge topic in law and society scholarship with immediate policy implications.

Darfur and the Crime of Genocide

Author: John Hagan
Publisher: Cambridge University Press
ISBN: 9781107376120
Release Date: 2008-10-13
Genre: Law

In 2004, the State Department gathered more than a thousand interviews from refugees in Chad that verified Colin Powell's UN and congressional testimonies about the Darfur genocide. The survey cost nearly a million dollars to conduct and yet it languished in the archives as the killing continued, claiming hundreds of thousands of murder and rape victims and restricting several million survivors to camps. This book fully examines that survey and its heartbreaking accounts. It documents the Sudanese government's enlistment of Arab Janjaweed militias in destroying black African communities. The central questions are: why is the United States so ambivalent to genocide? Why do so many scholars deemphasize racial aspects of genocide? How can the science of criminology advance understanding and protection against genocide? This book gives a vivid firsthand account and voice to the survivors of genocide in Darfur.

Class Race and Inequality in South Africa

Author: Jeremy Seekings
Publisher: Yale University Press
ISBN: 0300128754
Release Date: 2008-10-01
Genre: Political Science

The distribution of incomes in South Africa in 2004, ten years after the transition to democracy, was probably more unequal than it had been under apartheid. In this book, Jeremy Seekings and Nicoli Nattrass explain why this is so, offering a detailed and comprehensive analysis of inequality in South Africa from the midtwentieth century to the early twenty-first century. They show that the basis of inequality shifted in the last decades of the twentieth century from race to class. Formal deracialization of public policy did not reduce the actual disadvantages experienced by the poor nor the advantages of the rich. The fundamental continuity in patterns of advantage and disadvantage resulted from underlying continuities in public policy, or what Seekings and Nattrass call the “distributional regime.” The post-apartheid distributional regime continues to divide South Africans into insiders and outsiders. The insiders, now increasingly multiracial, enjoy good access to well-paid, skilled jobs; the outsiders lack skills and employment.