By Johan Van der Walt
ISBN-10: 1859419860
ISBN-13: 9781859419861
ISBN-10: 1859419879
ISBN-13: 9781859419878
In the wake of apartheid, Law and Sacrifice attracts at the uniquely expansive safety of basic rights now entrenched within the South African structure to stipulate a brand new thought of law.
The South African structure not just protects the rights of individuals opposed to abuses of strength by means of the kingdom, but in addition opposed to abuses of energy through deepest felony topics. Drawing upon the paintings of latest thinkers comparable to Martin Heidegger, Hannah Arendt, George Bataille, Jacques Derrida Emmanuel Levinas and Jean-Luc Nancy, the writer elicits the novel democratic capability of this 'horizontal' concept of rights. Johan van der Walt argues that apartheid has to be understood as greater than a racist abuse of strength, and the following he articulates its 'sacrificial logic'. it truly is in going past this common sense, he continues, that the actually democratic power of the South African structure may be understood: in an intensive formal and considerable equality that provides the criminal foundation for rethinking a post-apartheid future.
Combining a rigorous theoretical realizing with a refined political engagement, Law and Sacrifice is a stunning interrogation of the bounds and chances of democratic pluralism. it is going to be of curiosity to political and criminal theorists in addition to to those that are inquisitive about South African legislation and politics.
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Law and Sacrifice: Towards a Post Apartheid Theory of Law (Birkbeck Law Press) by Johan Van der Walt
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