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In a Time of Trouble Law & Liberty in South Africa's State of Emergency HC w/DJ
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- 賣家備註
- Country/Region of Manufacture
- United Kingdom
- Features
- 1st Edition, Dust Jacket, Illustrated, South Africa, South Africa Human Rights Law, Human Rights Law, African Legal History
- Topic
- South Africa Human Rights Law
- ISBN
- 9780198256663
- Subject Area
- Law, Political Science, History
- Publication Name
- In a Time of Trouble : Law and Liberty in South Africa's State of Emergency
- Publisher
- Oxford University Press, Incorporated
- Item Length
- 9.5 in
- Subject
- Administrative Law & Regulatory Practice, Civil Rights, General, Africa / South / Republic of South Africa, World / African, Military
- Publication Year
- 1992
- Type
- Textbook
- Format
- Hardcover
- Language
- English
- Item Height
- 0.9 in
- Item Weight
- 22.7 Oz
- Item Width
- 6.4 in
- Number of Pages
- 294 Pages
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Product Identifiers
Publisher
Oxford University Press, Incorporated
ISBN-10
0198256663
ISBN-13
9780198256663
eBay Product ID (ePID)
66632
Product Key Features
Number of Pages
294 Pages
Language
English
Publication Name
In a Time of Trouble : Law and Liberty in South Africa's State of Emergency
Publication Year
1992
Subject
Administrative Law & Regulatory Practice, Civil Rights, General, Africa / South / Republic of South Africa, World / African, Military
Type
Textbook
Subject Area
Law, Political Science, History
Format
Hardcover
Dimensions
Item Height
0.9 in
Item Weight
22.7 Oz
Item Length
9.5 in
Item Width
6.4 in
Additional Product Features
Intended Audience
College Audience
LCCN
91-018575
Reviews
"Ellmann's analysis is based on an encyclopedic reading of the South African literature, legal and other, and his perceptions weave a rich fabric of subtle insight....A book that deserves to be read, not summarized."-- Michigan Law Review "A wide-ranging and provocative piece of legal scholarship which draws on a broad range of comparative legal history and is rich in speculations about the relationship between law and state....For South African legal specialists it is thus particularly welcome at a time when they must unflinchingly consider their future in the full light of their past. But this engaging book also offers broader insights on the politics of doctrinal innovation, state legitimation, and the institutional power of judiciaries in authoritarian regimes. Thus is should also stir spirited argument within a wider audience of compararative legal scholars."-- The Law and Politics Book Review "This is legal sociology at its best, worth reading both for its insight into South Africa's legal culture, and as a case study of an important, if unexpected, part of the public opposition to apartheid."-- Choice "A finely textured discussion."-- Contemporary Sociology "[T]his must be one of the most valuable and important studies of the South African legal system ever made....calm, deeply researhed, and deeply thoughtful yet passionate examination....Ellman[n]'s reasoning is utterly persuasive....I think that no reading-list on human rights and on the duties of lawyers--whether at a time of trouble or not--can be complete without it."--M.E. Bennun, University of Exeter, Bracton Law Journal, "Ellmann's analysis is based on an encyclopedic reading of the South African literature, legal and other, and his perceptions weave a rich fabric of subtle insight....A book that deserves to be read, not summarized."--Michigan Law Review "A wide-ranging and provocative piece of legal scholarship which draws on a broad range of comparative legal history and is rich in speculations about the relationship between law and state....For South African legal specialists it is thus particularly welcome at a time when they must unflinchingly consider their future in the full light of their past. But this engaging book also offers broader insights on the politics of doctrinal innovation, state legitimation, and the institutional power of judiciaries in authoritarian regimes. Thus is should also stir spirited argument within a wider audience of compararative legal scholars."--The Law and Politics Book Review "This is legal sociology at its best, worth reading both for its insight into South Africa's legal culture, and as a case study of an important, if unexpected, part of the public opposition to apartheid."--Choice "A finely textured discussion."--Contemporary Sociology "[T]his must be one of the most valuable and important studies of the South African legal system ever made....calm, deeply researhed, and deeply thoughtful yet passionate examination....Ellman[n]'s reasoning is utterly persuasive....I think that no reading-list on human rights and on the duties of lawyers--whether at a time of trouble or not--can be complete without it."--M.E. Bennun, University of Exeter, Bracton Law Journal, 'A brilliant book written with elegance and subtlety. Political scientists and their students will be challenged and, I think, persuaded by Ellmann's judicious argument that lawyers and judges have contributed to South Africa's liberation struggle and created precedents for the protection ofhuman rights in the future South Africa.'Thomas Karis, Professor Emeritus of Political Science, City University of New York, 'In A Time of Trouble is the first book to explore the relation between law and politics during the 1985-90 Emergency in South Africa. It addresses the vital question of the 'relative autonomy' of law under the most inhospitable conditions imaginable. Ellmann's thorough, nuanced evaluationof Appellate Division decisions demonstrates that judges enjoy significant room for manoeuvre even where Parliament is supreme and the executive unfettered by a bill of rights. His critique of the judiciary's failures and his praise for its courage should help to guide a post-apartheid South Africain re-establishing the rule of law.'Richard Abel, Professor of Law, University of California, Los Angeles, 'A landmark study of the role played by legal tradition and practice in an oppresive society.'Gail Gerhart, African Book Editor, Foreign Affairs Magazine, 'In A Time of Trouble is a thoughtful, painstaking, yet readable examination of the role of judges and the relevance of the Rule of Law in a legal system aimed at the oppression of human rights and aspirations. Steve Ellmann has produced a most scholarly and thorough study of South Africa'shighest court during the recent states of emergency in that country; he has also presented a work that has universal significance for all who are concerned with the ideals of liberty and government under law.'Lawrence G. Baxter, Professor of Law, Duke University, 'This book is a model of meticulous and thoughtful scholarship. In a very well researched area it offers a number of original insights. It illuminates what no other piece of research has done - what the South African courts retained from a fine legal tradition even while they were denyingremedies to the victims of emergency law. The book makes us understand the past so as to better prepare for the future. The book is indispensable for those charged with the daunting task of devising a security system for the emerging new order in South Africa.'A.S. Mathews, James Scott Wylie Professor of Law, University of Natal, South Africa, "Ellmann's analysis is based on an encyclopedic reading of the South African literature, legal and other, and his perceptions weave a rich fabric of subtle insight....A book that deserves to be read, not summarized."--Michigan Law Review "A wide-ranging and provocative piece of legal scholarship which draws on a broad range of comparative legal history and is rich in speculations about the relationship between law and state....For South African legal specialists it is thus particularly welcome at a time when they must unflinchingly consider their future in the full light of their past. But this engaging book also offers broader insights on the politics of doctrinal innovation, state legitimation, and the institutional power of judiciaries in authoritarian regimes. Thus is should also stir spirited argument within a wider audience of compararative legal scholars."--The Law and Politics Book Review "This is legal sociology at its best, worth reading both for its insight into South Africa's legal culture, and as a case study of an important, if unexpected, part of the public opposition to apartheid."--Choice "A finely textured discussion."--Contemporary Sociology "[T]his must be one of the most valuable and important studies of the South African legal system ever made....calm, deeply researhed, and deeply thoughtful yet passionate examination....Ellman[n]'s reasoning is utterly persuasive....I think that no reading-list on human rights and on the duties of lawyers--whether at a time of trouble or not--can be complete without it."--M.E. Bennun,University of Exeter, Bracton Law Journal, 'Professor Ellmann's book is a significant contribution to the literature and will be read with interest by those concerned with human rights generally, with emergency laws and practices, with residuary rights theories and with South Africa. Many readers will be surprised to discover that atleast the form of independent judicial supervision of emergency powers persisted in South Africa during the 1980s and that limited vindication of rights was possible. Professor Ellmann's understanding of the South African legal system is thorough and deep. The most fascinating part of the book ishis discussion of how the English and Roman-Dutch legal traditions have reached an uneasy compromise in South African legal consciousness and what significance this dual heritage has for legitimation of power through the rule of law.'Joan Fitzpatrick, Professor of Law, University of Washington, "Ellmann's analysis is based on an encyclopedic reading of the South African literature, legal and other, and his perceptions weave a rich fabric of subtle insight....A book that deserves to be read, not summarized."--Michigan Law Review"A wide-ranging and provocative piece of legal scholarship which draws on a broad range of comparative legal history and is rich in speculations about the relationship between law and state....For South African legal specialists it is thus particularly welcome at a time when they must unflinchingly consider their future in the full light of their past. But this engaging book also offers broader insights on the politics of doctrinal innovation, state legitimation, and the institutional power of judiciaries in authoritarian regimes. Thus is should also stir spirited argument within a wider audience of compararative legal scholars."--The Law and Politics Book Review"This is legal sociology at its best, worth reading both for its insight into South Africa's legal culture, and as a case study of an important, if unexpected, part of the public opposition to apartheid."--Choice"A finely textured discussion."--Contemporary Sociology"[T]his must be one of the most valuable and important studies of the South African legal system ever made....calm, deeply researhed, and deeply thoughtful yet passionate examination....Ellman[n]'s reasoning is utterly persuasive....I think that no reading-list on human rights and on the duties of lawyers--whether at a time of trouble or not--can be complete without it."--M.E. Bennun, University of Exeter, Bracton Law Journal, 'this must be one of the most valuable and important studies of the South African legal system ever made ... calm, deeply researched, and deeply thoughtful yet passionate examination ... Professor Ellman's reasoning is utterly persuasive ... I think that no reading-list on human rights and onthe duties of lawyers - whether at a time of trouble or not - can be complete without it.'M.E. Bennun, University of Exeter, Bracton Law Journal, 'This is a book which will be cited for a long time to come ... It is a very important study of the decisions taken by South Africa's Appellate Division during the country's state of emergency during 1985-90, and any future analysis of this period will be found wanting without reference toStephen Ellmann's meticulous book.'Political Studies
Dewey Edition
20
Illustrated
Yes
Dewey Decimal
342.68/085
Synopsis
Can the law really protect human rights when they are most under siege? During much of South Africa's state of emergency, the country's highest court grimly rejected efforts to use the law to restrain emergency power. This work examines the intersection between law and emergency power in South Africa. Ellmann begins with an outline of the legal framework that exists in South Africa, pointing out the capacity it has to mitigate the excesses of the legislators' designs. He continues by demonstrating through the judges decisions that, with few exceptions, they repeatedly vindicated the emergency powers. Ellmann suggests that though a legal tradition existed for the protection of human rights, it was denied as a result of certain judges' decisions. This study teaches that law is no guarantee of liberty, but it can help slow the march of oppression., Can the law really protect human rights when they are most under siege? During much of South Africa's state of emergency, the country's highest court grimly rejected efforts to use the law to restrain emergency power. The tide of those decisions has now turned. As this important book shows, these changing judicial trends reveal both the weakness and strength of the law. Although no guarantee of liberty, law and legal traditions can help to slow the march of oppression.
LC Classification Number
KTL2020.E45 1992
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