Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Selected Works

Apartheid

Articles 1 - 9 of 9

Full-Text Articles in Law

Settler Colonial And Anti-Colonial Legalities In Palestine, Markus Gunneflo Jul 2019

Settler Colonial And Anti-Colonial Legalities In Palestine, Markus Gunneflo

Markus Gunneflo

No abstract provided.

Go to article

New Challenges To Southern Africa: From Regional Conflict To Internal Reconstruction, Makau Wa Mutua Nov 2017

New Challenges To Southern Africa: From Regional Conflict To Internal Reconstruction, Makau Wa Mutua

Makau Mutua

With the possible exception of the Horn of Africa, arguably no other African region has been subject to multiple traumas such as those endured by Southern Africa. From the brutal Portuguese colonization to the vicious civil wars in Angola and Mozambique, not to mention the ravages of apartheid in South Africa and Namibia, the last four hundred years have seen sheer brutality of man over fellow man. Since 1990, however, there has been a steady reversal of the conditions that have historically caused violence in the region. In this article, the author examines this legacy and the struggle to construct …

Go to article

Racism, Genocide, And Mass Murder: Toward A Legal Theory About Group Deprivations, Winston P. Nagan, Vivile F. Rodin Aug 2015

Racism, Genocide, And Mass Murder: Toward A Legal Theory About Group Deprivations, Winston P. Nagan, Vivile F. Rodin

Winston P Nagan

This Article is focused on a specific and important issue: the relationship of law to the social reality of group deprivations. From this primary issue, several important sub-issues are generated having a real and substantial impact upon the role of law in the management of group deprivations at every level of social organization (local, national, regional, and international). To focus on the social reality of group deprivations requires a critical starting point. This starting point is determining whether we are adequately describing or assaying the etiology of the human personality types and self-systems that are normally characterized by feelings, sentiments, …

Go to article

Reflections On Racism And World Order, Winston P. Nagan Aug 2015

Reflections On Racism And World Order, Winston P. Nagan

Winston P Nagan

This Article is about international racism. Racism is not simply a local or national phenomenon, it is an immense global problem. Indeed, its tentacles stretch from the local to the global and back to the local. Let us put the picture of international racism into perspective by tying it to the claims made to eradicate racism in economic relations. Apart from affirmative action, there are two other approaches: either to assert the notion that reparations is a way to ameliorate the worst manifestations of racism and provide for racial justice, or to join that with the notion that there is …

Go to article

Accidental Witness To History: My Trip To South Africa, Harold I. Abramson Jul 2015

Accidental Witness To History: My Trip To South Africa, Harold I. Abramson

Harold I. Abramson

No abstract provided.

Go to article

The Holocaust And Mass Atrocity: The Continuing Challenge For Decision, Winston Nagan, Aitza Haddad Dec 2011

The Holocaust And Mass Atrocity: The Continuing Challenge For Decision, Winston Nagan, Aitza Haddad

Winston P Nagan

This article begins with an appraisal of a report published by the United States Institute for Peace and authored by the former Secretary of State, Albright, and former Secretary of Defense, Cohen. This Report generated a great deal of interest and reaction from scholars across the globe. The article will introduce the broad outline of this Report and provide a summary of the principal criticisms that it has generated. This sets the stage for approaching the problem that is sensitive to the issue that this phenomenon be explore with a view to developing usable insights and data as well as …

Go to article

Federalism And Political Competition In Emerging Democracies, Jonathan Marshfield Dec 2010

Federalism And Political Competition In Emerging Democracies, Jonathan Marshfield

Jonathan Marshfield

Political competition is essential to the development and maintenance of a healthy and stable democracy. Current scholarship has largely ignored the role that federalism can play in fostering meaningful political competition in emerging democracies. This Article aims to fill this void by developing a theory of political competition within federal systems based on a formal game theory model created by economist and Nobel Laureate Roger B. Myerson. The Article argues that constructive political competition is especially difficult in emerging democracies because social and economic exigencies create strong incentives for new leadership to quash opposition and because first-time voters do not …

Go to article

Evaluating South Africa's Post-Apartheid Democratic Prospects Through The Lens Of Economic Development Theory, Jonathan Marshfield Dec 2009

Evaluating South Africa's Post-Apartheid Democratic Prospects Through The Lens Of Economic Development Theory, Jonathan Marshfield

Jonathan Marshfield

Political scientists have identified compelling correlations between economic development and democratic stability. In general, the wealthier and more developed a country, the greater its chances of maintaining a long-term, stable democracy. This Article evaluates whether South Africa’s post-apartheid economic conditions are trending towards conditions that generally correlate to stable democracies. It compares South Africa’s post-apartheid economic conditions to the empirical trends that development theorists have identified as correlative to democratic stability. This analysis is important because if South Africa’s post-apartheid economic conditions do not exhibit positive trends, this may suggest that despite the just end of apartheid, conditions are becoming …

Go to article

Authorizing Subnational Constitutions In Transitional Federal States: South Africa, Democracy, And The Kwazulu- Natal Constitution, Jonathan Marshfield Dec 2007

Authorizing Subnational Constitutions In Transitional Federal States: South Africa, Democracy, And The Kwazulu- Natal Constitution, Jonathan Marshfield

Jonathan Marshfield

Not all federal systems permit their constituent units to adopt constitutions. This Article considers whether, and under what circumstances, subnational constitutions tend to contribute to the volatility or stability of their respective federal systems. By examining the role that subnational constitutions played in South Africa’s celebrated democratization, this Article observes that a transitional federal state can increase its flexibility and adaptability by merely authorizing subnational constitutions. The Article concludes that federal systems, particularly those undergoing fundamental change, can be better equipped to manage regime-threatening conflicts and perpetuate a democratic political culture if they permit constituent units to adopt constitutions.

Go to article