Land and the limits of liberal legalism - Property, transitional justice and non-reformist reforms in post-apartheid South Africa.pdf (307.6 kB)
Land and the limits of liberal legalism: property, transitional justice and non-reformist reforms in post-apartheid South Africa
Critical scholarship on transitional justice, in Africa and globally, has drawn attention both to limits of liberalism and legalism (such as inattention to structural injustices) and to normatively more expansive – transformative, and even revolutionary – approaches to justice. Focusing particularly on South Africa, this debate piece considers the roles of liberal property relations and conceptions of the rule of law in producing and maintaining injustices related to land and property in (post-)transitional societies in Africa and beyond. Moreover, the extent to which transitional justice might contribute to revolutionary aspirations of overcoming capitalist social and economic relations (as espoused, at least rhetorically, by liberation movements throughout Africa) is considered. It is suggested that while this is unlikely, non-reformist reforms offer one avenue by which more expansive (transformative or revolutionary) goals might be pursued, in part, in and through transitional justice.
History
Publication status
- Published
File Version
- Accepted version
Journal
Review of African Political EconomyISSN
0305-6244Publisher
Taylor & FrancisExternal DOI
Issue
170Volume
48Page range
646-655Department affiliated with
- Law Publications
Research groups affiliated with
- Sussex Centre for Human Rights Research Publications
Full text available
- Yes
Peer reviewed?
- Yes
Legacy Posted Date
2021-08-18First Open Access (FOA) Date
2023-05-23First Compliant Deposit (FCD) Date
2021-08-18Usage metrics
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