Has South Africa dealt effectively with the past, and is the country ready to face the future? What are the challenges facing both government and civil society in the years ahead? These and other questions are explored in this collection of essays by international and local commentators on the Truth and Reconciliation Commission.
A range of perspectives on whether the TRC met its objectives of truth and reconciliation is presented. The areas of particular contention-the payment of reparation, the granting of amnesty, and memorialization-are also examined.
Finally, the major challenges facing South Africa are identified, and ways of meeting these challenges and developing the assets of the nation are explored.
Contributors: Haribert Adam, Kanya Adam, Alex Boraine, Colin Bundy, Mary Burton, John de Gruchy, Richard Goldstone, Willem Heath, Wilmot James, Jeffrey Lever, Mahmood Mamdani, Gary Minkley, Njabulo Ndebele, Dumisa Ntsebeza, Kaizer Nyatsumba, Grace Naledi Pandor, Mamphela Ramphele, Ciraj Rassool, Albie Sachs, Patricia Valdez, Linda van de Vijver, Jan van Eck, Frederik Van Zyl Slabbert, Charles Villa-Vicencio, Francis Wilson, and Leslie Witz
In 1895, forty-seven rebel military officers contested the terms of a law that granted them amnesty but blocked their immediate return to the armed forces. During the century that followed, numerous other Brazilians who similarly faced repercussions for political opposition or outright rebellion subsequently made claims to forms of recompense through amnesty. By 2010, tens of thousands of Brazilians had sought reparations, referred to as amnesty, for repression suffered during the Cold War–era dictatorship. This book examines the evolution of amnesty in Brazil and describes when and how it functioned as an institution synonymous with restitution. Ann M. Schneider is concerned with the politics of conciliation and reflects on this history of Brazil in the context of broader debates about transitional justice. She argues that the adjudication of entitlements granted in amnesty laws marked points of intersection between prevailing and profoundly conservative politics with moments and trends that galvanized the demand for and the expansion of rights, showing that amnesty in Brazil has been both surprisingly democratizing and yet stubbornly undemocratic.
Stephen C. Neff offers the first comprehensive study of the wide range of legal issues arising from the American Civil War, many of which resonate in debates to this day.
Neff examines the lawfulness of secession, executive and legislative governmental powers, and laws governing the conduct of war. Whether the United States acted as a sovereign or a belligerent had legal consequences, including treating Confederates as rebellious citizens or foreign nationals in war. Property questions played a key role, especially when it came to the process of emancipation. Executive detentions and trials by military commissions tested civil liberties, and the end of the war produced a raft of issues on the status of the Southern states, the legality of Confederate acts, clemency, and compensation. A compelling aspect of the book is the inclusion of international law, as Neff situates the conflict within the general laws of war and details neutrality issues, where the Civil War broke important new legal ground.
This book not only provides an accessible and informative legal portrait of this critical period but also illuminates how legal issues arise in a time of crisis, what impact they have, and how courts attempt to resolve them.
More than 50,000 draft-age American men and women migrated to Canada during the Vietnam War, the largest political exodus from the United States since the American Revolution. How are we to understand this migration three decades later? Was their action simply a marginal, highly individualized spin-off of the American antiwar movement, or did it have its own lasting collective meaning?
John Hagan, himself a member of the exodus, searched declassified government files, consulted previously unopened resistance organization archives and contemporary oral histories, and interviewed American war resisters settled in Toronto to learn how they made the momentous decision. Canadian immigration officials at first blocked the entry of some resisters; then, under pressure from Canadian church and civil liberties groups, they fully opened the border, providing these Americans with the legal opportunity to oppose the Vietnam draft and military mobilization while beginning new lives in Canada. It was a turning point for Canada as well, an assertion of sovereignty in its post–World War II relationship with the United States.
Hagan describes the resisters’ absorption through Toronto’s emerging American ghetto in the late 1960s. For these Americans, the move was an intense and transformative experience. While some struggled for a comprehensive amnesty in the United States, others dedicated their lives to engagement with social and political issues in Canada. More than half of the draft and military resisters who fled to Canada thirty years ago remain there today. Most lead successful lives, have lost their sense of Americanness, and overwhelmingly identify themselves as Canadians.
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