Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Hope And Despair For A New South Africa: The Limits Of Rights Discourse, Makau Wa Mutua
Hope And Despair For A New South Africa: The Limits Of Rights Discourse, Makau Wa Mutua
Journal Articles
This article is a critique of the struggle to end apartheid in South Africa. It explores the assumptions employed by the African National Congress and the international community to construct a post-apartheid society. It argues that the reliance on the law as the key medium for economic, social, and political change was insufficient to transform the legacy of apartheid. Instead, the piece contends that apartheid was privatized and its beneficiaries protected under the new dispensation. It makes the argument that the lot of the black majority is unlikely to be changed such gradualist approach to social change.
The Ideology Of Human Rights, Makau Wa Mutua
The Ideology Of Human Rights, Makau Wa Mutua
Journal Articles
This piece argues that although human rights is an ideology although it presents itself as non-ideological, non-partisan, and universal. It contends that the human rights corpus, taken as a whole, as a document of ideals and values, particularly the positive law of human rights, requires the construction of states to reflect the structures and values of governance that derive from Western liberalism, especially the contemporary variations of liberal democracy practiced in Western democracies. Viewed from this perspective, the human rights regime has serious and dramatic implications for questions of cultural diversity, the sovereignty of states, and the universality of human …