the legacies of law long run consequences of legal development in south africa 1652 2000

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The Legacies Of Law

Author : Jens Meierhenrich
ISBN : 9781139475174
Genre : Political Science
File Size : 34. 38 MB
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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.

Law S Fragile State

Author : Mark Fathi Massoud
ISBN : 9781107067509
Genre : Law
File Size : 64. 12 MB
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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
ISBN : 9780813225890
Genre : History
File Size : 34. 86 MB
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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.

Constitutionalism Beyond Liberalism

Author : Michael W. Dowdle
ISBN : 9781107112759
Genre : Law
File Size : 52. 64 MB
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Constitutionalism Beyond Liberalism bridges the gap between comparative constitutional law and constitutional theory. The volume uses the constitutional experience of countries in the global South - China, India, South Africa, Pakistan, Indonesia, and Malaysia - to transcend the liberal conceptions of constitutionalism that currently dominate contemporary comparative constitutional discourse. The alternative conceptions examined include political constitutionalism, societal constitutionalism, state-based (Rousseau-ian) conceptions of constitutionalism, and geopolitical conceptions of constitutionalism. Through these examinations, the volume seeks to expand our appreciation of the human possibilities of constitutionalism, exploring constitutionalism not merely as a restriction on the powers of government, but also as a creating collective political and social possibilities in diverse geographical and historical settings.

Making And Unmaking Nations

Author : Scott Straus
ISBN : 9780801455674
Genre : Political Science
File Size : 85. 4 MB
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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 Legacies Of Law

Author : Jens Meierhenrich
ISBN : 0521156998
Genre : Political Science
File Size : 84. 34 MB
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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 Constitution Of South Africa

Author : Heinz Klug
ISBN : STANFORD:36105215364626
Genre : Law
File Size : 32. 95 MB
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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.

South Africa Yearbook

Author :
ISBN : STANFORD:36105211764514
Genre : South Africa
File Size : 57. 15 MB
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Political Trials In Theory And History

Author : Jens Meierhenrich
ISBN : 9781107079465
Genre : Political Science
File Size : 23. 43 MB
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This book presents an empirically rigorous and theoretically sophisticated account of political trials.

Darfur And The Crime Of Genocide

Author : John Hagan
ISBN : 9781107376120
Genre : Law
File Size : 62. 34 MB
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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.

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