The Courtroom as a Space of Resistance


Book Description

Fifty years before his death in 2013, Nelson Mandela stood before Justice de Wet in Pretoria's Palace of Justice and delivered one of the most spectacular and liberating statements ever made from a dock. In what came to be regarded as "the trial that changed South Africa", Mandela summed up the spirit of the liberation struggle and the moral basis for the post-Apartheid society. In this blistering critique of Apartheid and its perversion of justice, Mandela transforms the law into a sword and shield. He invokes it while undermining it, uses it while subverting it, and claims it while defeating it. Wise and strategic, Mandela skilfully reimagines the courtroom as a site of visibility and hearing, opening up a political space within the legal. This volume returns to the Rivonia courtroom to engage with Mandela's masterful performance of resistance and the dramatic core of that transformative event. Cutting across a wide-range of critical theories and discourses, contributors reflect on the personal, spatial, temporal, performative, and literary dimensions of that constitutive event. By redefining the spaces, institutions and discourses of law, contributors present a fresh perspective that re-sets the margins of what can be thought and said in the courtroom.




The Courtroom As a Space of Resistance Reflections on 50 Years of the Rivonia Trial


Book Description

This volume returns to the Rivonia courtroom to engage with Mandela's masterful performance, when he stood before Justice de Wet in Pretoria's Palace of Justice and delivered one of the most spectacular and liberating statements ever made from a dock. Cutting across a wide-range of critical theories and discourses, contributors reflect on the personal, spatial, temporal, performative and literary dimensions of that constitutive event. By redefining the spaces, institutions and discourses of law, contributors present a fresh perspective that re-sets the margins of what can be thought and said in the courtroom.




Truth and Transitional Justice


Book Description

With a unique transitional justice perspective on the Arab Spring, this book assesses the relocation of transitional justice from the international paradigm to Islamic legal systems. The Arab uprisings and new and old conflicts in the Middle East, North Africa and other contexts where Islam is a prominent religion have sparked an interest in localising transitional justice in the legal systems of Muslim-majority communities to uncover the truth about past abuse and ensure accountability for widespread human rights violations. This raises pressing questions around how the international paradigm of transitional justice, and in particular its truth-seeking aims, might be implemented and adapted to local settings characterised by Muslim majority populations, and at the same time drawing from relevant norms and principles of Islamic law. This book offers a critical analysis of the relocation of transitional justice from the international paradigm to the legal systems of Muslim-majority societies in light of the inherently pluralistic realities of these contexts. It also investigates synergies between international law and Islamic law in furthering truth-seeking, the formation of collective memories and the victims' right to know the truth, as key aims of the international paradigm of transitional justice and broadly supported by the shari'ah. This book will be a useful reference for scholars, practitioners and policymakers seeking to better understand the normative underpinnings of (potential) transitional truth-seeking initiatives in the legal systems of Muslim-majority societies. At the same time, it also proposes a more critical and creative way of thinking about the challenges and opportunities of localising transitional justice in contexts where the principles and ideas of Islamic law carry different meanings.




Surveillance, Architecture and Control


Book Description

This edited collection examines the culture of surveillance as it is expressed in the built environment. Expanding on discussions from previous collections; Spaces of Surveillance: States and Selves (2017) and Surveillance, Race, Culture (2018), this book seeks to explore instances of surveillance within and around specific architectural entities, both historical and fictitious, buildings with specific social purposes and those existing in fiction, film, photography, performance and art. Providing new readings of, and expanding on Foucault’s work on the panopticon, these essays examine the role of surveillance via disparate fields of enquiry, such as the humanities, social sciences, technological studies, design and environmental disciplines. Surveillance, Architecture and Control seeks to engender new debates about the nature of the surveilled environment through detailed analyses of architectural structures and spaces; examining how cultural, geographical and built space buttress and produce power relations. The various essays address the ongoing fascination with contemporary notions of surveillance and control.




Lawyers in Conflict and Transition


Book Description

Countries undergoing or recovering from conflict and authoritarianism often face profound rule of law challenges. The law on the statute books may be repressive, judicial independence may be compromised, and criminal justice agencies may be captured by powerful interests. How do lawyers working within such settings imagine the law? How do they understand their ethical obligations towards their clients and the rule of law? What factors motivate them to use their legal practice and social capital to challenge repressive power? What challenges and risks can they face if they do so? And when do lawyers facilitate or acquiesce to illegality and injustice? Drawing on over 130 interviews from Cambodia, Chile, Israel, Palestine, South Africa, and Tunisia, this book explores the extent to which theoretical understandings within law and society research on the motivations, strategies, tactics, and experiences of lawyers within democratic states apply to these more challenging environments.




The Courtroom as a Space of Resistance


Book Description

This volume returns to the Rivonia courtroom to engage with Mandela’s masterful performance, when he stood before Justice de Wet in Pretoria’s Palace of Justice and delivered one of the most spectacular and liberating statements ever made from a dock. Cutting across a wide-range of critical theories and discourses, contributors reflect on the personal, spatial, temporal, performative and literary dimensions of that constitutive event. By redefining the spaces, institutions and discourses of law, contributors present a fresh perspective that re-sets the margins of what can be thought and said in the courtroom.




Rivonia Unmasked!


Book Description

New edition, now with two new appendices: "Mandela Lied to the World: South African Communist Party Admitted in 2013 that he was Senior Central Committee Member," and "Mandela's Jews: Jewish Involvement in the Rivonia Plot." First published in 1965, this book was the white South African government's official version of the famous 1963-1964 "Rivonia Treason Trial" which saw 8 top South African Communist Party (SACP) and African National Congress (ANC) leaders, Nelson Mandela included, sentenced to life imprisonment for an incredible plan to seize power by violence in South Africa and turn it into a Marxist state. Evidence at the trial showed that the Communist parties in the Soviet Union, Algeria, China, Czechoslovakia and East Germany all actively supported the plot and that the ANC and the SACP planned a physical invasion and revolution akin to that of Vietnam or Cuba. The value of this book is not restricted to now-suppressed revelations on the ANC/SACP axis. It also vividly demonstrates how the Apartheid government was out of touch with reality, believing firmly that the ANC did not represent the majority of black people and that it was "only" the Communists who were the problem. It was a delusion that would cost White South Africa dearly. The two new appendices focus on the facts that Mandela, despite his many public claims to the contrary, was a high ranking member of the SACP, and that almost the entire support structure upon which the ANC relied was comprised of Communist Party Jews. Fully indexed.




Political Trials in Theory and History


Book Description

From the trial of Socrates to the post-9/11 military commissions, trials have always been useful instruments of politics. Yet there is still much that we do not understand about them. Why do governments use trials to pursue political objectives, and when? What differentiates political trials from ordinary ones? Contrary to conventional wisdom, not all political trials are show trials or contrive to set up scapegoats. This volume offers a novel account of political trials that is empirically rigorous and theoretically sophisticated, linking state-of-the-art research on telling cases to a broad argument about political trials as a socio-legal phenomenon. All the contributors analyse the logic of the political in the courtroom. From archival research to participant observation, and from linguistic anthropology to game theory, the volume offers a genuinely interdisciplinary set of approaches that substantially advance existing knowledge about what political trials are, how they work, and why they matter.




I Am Prepared to Die


Book Description




Letters from Robben Island


Book Description

Late one night in July, 1963, a South African police unit surrounded the African National Congress headquarters in Rivonia and arrested a group of Movement leaders gathered inside. Eventually eight of them, including Nelson Mandela, who was already serving a sentence, Walter Sisulu, Dennis Goldberg, Govan Mbeki, Raymond Mhlaba, Elias Motsoledi, Andrew Mangeni, and Ahmed Kathrada, were convicted of sabotage and, on June 12, 1964, sentenced to life in prison. Soon, these men became widely known as the "Rivonia Trialists." Despite their imprisonment, the Trialists played active roles in the struggle against South Africa's racist regime. Instead of being forgotten, as apartheid officials had hoped, they became enduring symbols in a struggle against injustice and racism. Kathrada and his colleagues were classified as high security prisoners, segregated from others and closely watched. Every activity was regulated and monitored. Among the many indignities visited upon them, the prisoners were prohibited from keeping copies of incoming and outgoing correspondence. Kathrada, or "Kathy" as he is known, successfully hid both. Letters From Robben Island contains a selection of 86 of the more than 900 pieces of correspondence Ahmed Kathrada wrote during his 26 years on Robben Island and at Pollsmoor Prison. Some were smuggled out by friends; others were written in code to hide meaning and content from prison censors. These are among his most poignant, touching, and eloquent communications. They are testimonies to Kathrada, his colleagues, and to their commitment to obtaining human dignity and freedom for all South Africans.