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In this book, 15 contributors from the disciplines of law, politics, and sociology reflect on South Africa's transition to democracy and the challenges of transformation and nation-building that have confronted the country since the first democratic elections of 1994. The range of topics is expansive, in keeping with a broader-than-usual definition of transitional justice which, it is argued, is more appropriate for States faced with the mammoth tasks of reform and institution-building in a context in which democracy has never been firmly rooted and the existence of widespread poverty gives rise to the dual demands for both bread and freedom. In the case of South Africa, the post-apartheid era has been characterized by wide-ranging attempts at transformation and nation-building, from the well-known Truth and Reconciliation Commission to reforms in education and policing, the promotion of women's rights, the reform of land law, the provision of basic services to hundreds of thousands of poor households, a new framework for freedom of expression, and the transformation of the judiciary. In the light of South Africa's commitment to a new constitutional dispensation and to legal regulation, this volume focuses in particular, but not exclusively, on the role that law and lawyers have played in social and political change in South Africa in the post-apartheid era. It sets the South African experience in historical and comparative perspective and considers whether any lessons may be learned for the field of transitional justice. (Series: Transitional Justice - Vol. 15)
The product of more than twenty years of research, first-person observations, discussions, and policy analyses, Nation-Building in the Baltic States: Transforming Governance, Social Welfare, and Security in Northern Europe explores the characteristics of the Baltic states as positioned in the northeast corridor in terms of military strife and polit
This Handbook offers a comprehensive treatment of transformations of the state, from its origins in different parts of the world and different time periods to its transformations since World War II in the advanced industrial countries, the post-Communist world, and the Global South. Leading experts in their fields, from Europe and North America, discuss conceptualizations and theories of the state and the transformations of the state in its engagement with a changing international environment as well as with changing domestic economic, social, and political challenges. The Handbook covers different types of states in the Global South (from failed to predatory, rentier and developmental), in different kinds of advanced industrial political economies (corporatist, statist, liberal, import substitution industrialization), and in various post-Communist countries (Russia, China, successor states to the USSR, and Eastern Europe). It also addresses crucial challenges in different areas of state intervention, from security to financial regulation, migration, welfare states, democratization and quality of democracy, ethno-nationalism, and human development. The volume makes a compelling case that far from losing its relevance in the face of globalization, the state remains a key actor in all areas of social and economic life, changing its areas of intervention, its modes of operation, and its structures in adaption to new international and domestic challenges.
This volume discusses the practice of transformative military occupation from the perspective of public international law through the prism of the occupation of Iraq and other cases of historical significance. It seeks to assess how international law should respond to measures undertaken in the pursuit of a given transformative project, whether or not supported by the Security Council. A monographic study tackling the bulk of the international law issues that emerge during and as a result of a transformative occupation, based on a comprehensive analysis of historical cases, applicable norms, and relevant facts. "With this thorough and thought provoking study, Andrea Carcano has put us all in his debt." From the foreword by Georges Abi-Saab, Emeritus Professor, Graduate Institute of International Studies and Development.
This Handbook provides an accessible critical review of the complex issues surrounding development and social change today. With chapters from recognized experts, examining economic, political and social aspects, and covering key topics and developing regions, it goes beyond current theory and sets out the debates which will shape an approach better suited to the modern world.
This collection examines the transformation of the modern Western state in an age of accelerated globalization. Arguing that the state experienced a 'golden age' in the 1960s and 1970s, the contributors explore how and why this configuration of the state is under pressure in the 21st century.
The activist state of the New Deal started forming decades before the FDR administration, demonstrating the deep roots of energetic government in America. In the period between the Civil War and the New Deal, American governance was transformed, with momentous implications for social and economic life. A series of legal reforms gradually brought an end to nineteenth-century traditions of local self-government and associative citizenship, replacing them with positive statecraft: governmental activism intended to change how Americans lived and worked through legislation, regulation, and public administration. The last time American public life had been so thoroughly altered was in the late eighteenth century, at the founding and in the years immediately following. William J. Novak shows how Americans translated new conceptions of citizenship, social welfare, and economic democracy into demands for law and policy that delivered public services and vindicated people’s rights. Over the course of decades, Americans progressively discarded earlier understandings of the reach and responsibilities of government and embraced the idea that legislators and administrators in Washington could tackle economic regulation and social-welfare problems. As citizens witnessed the successes of an energetic, interventionist state, they demanded more of the same, calling on politicians and civil servants to address unfair competition and labor exploitation, form public utilities, and reform police power. Arguing against the myth that America was a weak state until the New Deal, New Democracy traces a steadily aggrandizing authority well before the Roosevelt years. The United States was flexing power domestically and intervening on behalf of redistributive goals for far longer than is commonly recognized, putting the lie to libertarian claims that the New Deal was an aberration in American history.
This book is written in honour of Hans-W. Micklitz for his jubilee 70th birthday and the closure of his twelve-year term as the Chair for Economic Law at the European University Institute (EUI). Hans-W. Micklitz has gained international recognition for dedicating his extensive and fruitful career to diverse areas of law: European Economic Law, European Private Law, National and European Consumer Law, Legal Theory, theories of Private Law and Social Justice. This book is a product of the collaborative endeavors of its contributors, who all have a special connection with Hans W. Micklitz as his doctoral supervisees or research assistants. The collection of twenty chapters is to be read as the influence of Hans's dialogues in the early stage of the academic career of thirty-one young legal scholars. The volume is divided into three sections devoted to subjects that have received Hans's attention while at the EUI: EU Consumer Law (part I); European Private Law and Access Justice (part II); the CJEU between the individual citizen and the Member States (part III).
In the Theory of Philosophical Consciencism, Professor Dompere establishes how Nkrumah used the theory of categorical conversion housing the necessary conditions of transformation to design strategies for creating the sufficient conditions for socio-political transformations. The theory of Philosophical Consciencism is about the institutionally destruction-creation process for socio-political transformation. The theory shows the scientific contributions of Nkrumah's thinking to the solution of the transformation problem in science and its application to social systemicity, where Nkrumah's analytical weapons were drawn from African conceptual system. The theory is developed as logico-mathematical foundations that guide the internal management of the command-control decision-choice systems for creative destruction of socio-political varieties in transformations through the development of qualitative mathematics making possible the construct of qualitative equations of motion for connecting varieties in qualitative transfers. The qualitative equations of motion through the Philosophical Consciencism constitute the sufficient conditions for transformations. The theory links rationality, intentionality, experiential information structure, defective-deceptive information structures in the control-dynamic games of power and dominance by the duals and poles under the principle of opposites with relational continua and unity relative to decision-choice systems that induce negation-negation transformations, where paths are established by the history of success-failure outcomes in the socially control-dynamic zero-sum games between the duals in any duality and between the poles of any actual-potential polarity. The main premise of the monograph is that there exists a set of sufficient conditions in support of the necessary conditions for internal transformation of socio-natural varieties. The theory is useful in understanding developmental processes and multi-polar-power zero-sum games for global dominance. The necessary conditions constitute the natural necessity that constrains cognitive freedom. The sufficient conditions constitute cognitive freedom that must overcome the necessity in socio-natural systems dynamics. Had this conceptual system been familiar to African leaders, the African transformation from colonialism to complete emancipation, rather than neocolonialism, would have been increasingly successful. This holds for those seeking triumph over injustices, oppression, imperialism and social change in all systems.