Law and Revolution in South Africa: uBuntu, Dignity, and the Struggle for Constitutional Transformation (Just Ideas (FUP))
By: Drucilla Cornell (author)Paperback
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The relation between law and revolution is one of the most pressing questions of our time. As one country after another has faced the challenge that comes with the revolutionary overthrow of past dictatorships, how one reconstructs a new government is a burning issue. South Africa, after a long and bloody armed struggle and a series of militant uprisings, negotiated a settlement for a new government and remains an important example of what a substantive revolution might look like. The essays collected in this book address both the broader question of law and revolution and some of the specific issues of transformation in South Africa.
Drucilla Cornell is Professor of Political Science, Women's and Gender Studies, and Comparative Literature at Rutgers University. She also teaches at Birkbeck College, University of London and the University of Pretoria in South Africa. Her most recent books are uBuntu and the Law: African Ideals and Postapartheid Jurisprudence and The Dignity Jurisprudence of the Constitutional Court of South Africa: Cases and Materials, Volumes I & II (both Fordham).
Preface 1. Introduction: Transitional Justice Versus Substantive Revolution Should Critical Theory Remain Revolutionary? 2. Is Technology a Fatal Destiny? The Relevance of Heidegger for South Africa and for All "Developing" Countries 3. Socialism or Radical Democratic Politics? On Laclau and Mouffe The Legal Challenge of uBuntu 4. Dignity Violated: Rethinking AZAPO Through uBuntu 5. Which Law, Whose Humanity? The Significance of Policulturalism in the Global South 6. The Significance of the Living Customary Law for an Understanding of Law: Does Custom Allow for a Woman to Be Hosi? The Struggle over uBuntu 7. uBuntu, Pluralism, and the Responsibility of Legal Academics to the New South Africa 8. Rethinking Ethical Feminism Through uBuntu 9. Is There a Difference that Makes a Difference Between Dignity and uBuntu? 10. Where Dignity Ends and uBuntu Begins - A Response by Yvonne Mokgoro and Stu Woolman Conclusion: uBuntu and Subaltern Legality Notes Index
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