AA 2014 Volume 46 Issue 3

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http://hdl.handle.net/11660/2469

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Browsing AA 2014 Volume 46 Issue 3 by Subject "Human rights"

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    The inoperative community of law students: rethinking the foundations of legal culture
    (University of the Free State, 2014) Heyns, Anri
    In this article I contemplate the possibility of a relationship between democracy and the democracy to come experienced from within an inoperative community of law students. The reason for this contemplation is to ascertain to what extent law students can contribute to transformation or transformative constitutionalism as referred to by Karl Klare and Dennis Davis in their 2010 work. I investigate the radical and transcendental nature of human rights and democracy and their relationship with legal culture as a community of lawyers which also confirms the status quo and denies the radical nature of human rights and democracy. I argue that law students as an inoperative community can create human rights and democracy discourse which can promote transformation.
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    A politics of human rights – the right to rights as universal right to politics?
    (University of the Free State, 2014) Kistner, Ulrike
    Confronted by the charge of depoliticisation levelled at human rights frameworks and interventions, I investigate the possibility of a politics of human rights at the core of democratic politics. In doing so, I am guided by Hannah Arendt’s reconstitutive critique, and Claude Lefort’s analysis of political modernity, which could be seen to converge in a justification of a ‘politics of human rights’ and, even more specifically, of ‘the political’ of human rights. Central in this regard is Arendt’s postulation of “the Right to have rights”, which would meet the criteria for “equaliberty” (Balibar), a symbolic division (Lefort), and intensive universality (Balibar), which, in turn, circumscribe the concept of ‘the political’.
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    Reflections on legacy, complicity, and legal education
    (University of the Free State, 2014) Van Marle, Karin
    I reflect on the relation between complicity and the legacy of South African jurisprudence and law, and tentatively consider continuances between the civil law tradition (Roman- Dutch common law) as well as present human rights and constitutional law. I also raise notions on reconfiliation, frailty and complex writing as possible alternatives. My aim is to think with students and colleagues and to re-imagine a legal culture and legal education that could be different from the present one.