Law and Sacrifice

Towards a Post Apartheid Theory of Law

Nonfiction, Reference & Language, Law, Jurisprudence
Cover of the book Law and Sacrifice by , Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: ISBN: 9781134233892
Publisher: Taylor and Francis Publication: June 11, 2014
Imprint: Birkbeck Law Press Language: English
Author:
ISBN: 9781134233892
Publisher: Taylor and Francis
Publication: June 11, 2014
Imprint: Birkbeck Law Press
Language: English

In the wake of apartheid, Law and Sacrifice draws on the uniquely expansive protection of fundamental rights now entrenched in the South African Constitution to outline a new theory of law.

The South African Constitution not only protects the rights of people against abuses of power by the state, but also against abuses of power by private legal subjects. Drawing upon the work of contemporary thinkers such as Martin Heidegger, Hannah Arendt, George Bataille, Jacques Derrida Emmanuel Levinas and Jean-Luc Nancy, the author elicits the radical democratic potential of this 'horizontal' notion of rights. Johan van der Walt argues that apartheid must be understood as more than a racist abuse of power, and here he articulates its 'sacrificial logic'. It is in going beyond this logic, he maintains, that the truly democratic potential of the South African Constitution can be understood: in a radical formal and substantive equality that offers the legal basis for rethinking a post-apartheid future.

Combining a rigorous theoretical understanding with a subtle political engagement, Law and Sacrifice is a dazzling interrogation of the limits and possibilities of democratic pluralism. It will be of interest to political and legal theorists as well as to those who are concerned with South African law and politics.

 

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

In the wake of apartheid, Law and Sacrifice draws on the uniquely expansive protection of fundamental rights now entrenched in the South African Constitution to outline a new theory of law.

The South African Constitution not only protects the rights of people against abuses of power by the state, but also against abuses of power by private legal subjects. Drawing upon the work of contemporary thinkers such as Martin Heidegger, Hannah Arendt, George Bataille, Jacques Derrida Emmanuel Levinas and Jean-Luc Nancy, the author elicits the radical democratic potential of this 'horizontal' notion of rights. Johan van der Walt argues that apartheid must be understood as more than a racist abuse of power, and here he articulates its 'sacrificial logic'. It is in going beyond this logic, he maintains, that the truly democratic potential of the South African Constitution can be understood: in a radical formal and substantive equality that offers the legal basis for rethinking a post-apartheid future.

Combining a rigorous theoretical understanding with a subtle political engagement, Law and Sacrifice is a dazzling interrogation of the limits and possibilities of democratic pluralism. It will be of interest to political and legal theorists as well as to those who are concerned with South African law and politics.

 

More books from Taylor and Francis

Cover of the book Japanese Whaling? by
Cover of the book Handbook on the Study of Multiple Perpetrator Rape by
Cover of the book Elite Cultures by
Cover of the book Black Women's Risk for HIV by
Cover of the book Music Theory in the Safavid Era by
Cover of the book The Intellectual Foundations of Christian and Jewish Discourse by
Cover of the book Distressed US Industries in the Era of Globalization by
Cover of the book Coaching Women to Lead by
Cover of the book BNVR: The Butt Non-Verbal Reasoning Test by
Cover of the book Urban Forests, Trees, and Greenspace by
Cover of the book Constructive Engagement by
Cover of the book Politics South Africa by
Cover of the book An Introduction to Moral Philosophy and Moral Education by
Cover of the book Cutting Down: A CBT workbook for treating young people who self-harm by
Cover of the book Paired Maths Handbook by
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy