Francois du Bois

Justice and reconciliation in post-apartheid South Africa

Introduction Francois du Bois and Antje du Bois-Pedain 1. Reconciliation as surrender: configurations of responsibility and memory Emilios Christodoulidis and Scott Veitch 2. Radical forgiveness: transforming traumatic memory beyond Hannah Arendt Pumla Gobodo-Madikizela 3. Communicating criminal and political responsibility in the TRC process Antje du Bois-Pedain 4. The contribution of criminal justice Volker Nerlich 5. Reparation and the forms of justice Francois du Bois 6. Land restitution and reconciliation in South Africa Theunis Roux 7. For justice and reconciliation to come: big business, the TRC and the demand for material reparation in South Africa Jaco Barnard-Naude 8. Transition, forgiveness and citizenship: the TRC and the social construction of forgiveness Stephane Leman-Langlois and Clifford Shearing 9. The evolving legitimacy of the South African constitutional court James L. Gibson 10. Justice and the art of reconciliation Carrol Clarkson 11. Post-conflict justice and the reconciliatory paradigm: the South African experience Francois du Bois and Antje du Bois-Pedain.

The Impact of Human Rights on English Contract Law

This chapter examines the influence of fundamental rights on English Contract law since the enactment of the Human Rights Act 1998. Its aims are twofold—to provide a first comprehensive analysis of this phenomenon in English law and to tease out the factors that have shaped its contours. The chapter accordingly explores each of the various routes by which fundamental rights may touch on English Contract law: direct statutory horizontality, public liability horizontality, remedial horizontality and substantive horizontality. It is shown that although all permutations of horizontality have featured in contract litigation before English courts, the actual influence of fundamental rights on Contract law has been slight. Indeed, the gap between Contract law and fundamental rights is so wide that the contractual origin of a right frequently features as a reason for not finding a rights violation. The causes uncovered are complex and impossible to reduce to a single factor. The analysis nevertheless opens up a fresh perspective on the constitutionalisation of Contract law: it is not so much a normative phenomenon universally furthering specific values as a particular legal technique the impact and value of which are decisively moulded by the local environment in which it operates.

Justice and Reconciliation in Post-Apartheid South Africa: Frontmatter

Introduction Francois du Bois and Antje du Bois-Pedain 1. Reconciliation as surrender: configurations of responsibility and memory Emilios Christodoulidis and Scott Veitch 2. Radical forgiveness: transforming traumatic memory beyond Hannah Arendt Pumla Gobodo-Madikizela 3. Communicating criminal and political responsibility in the TRC process Antje du Bois-Pedain 4. The contribution of criminal justice Volker Nerlich 5. Reparation and the forms of justice Francois du Bois 6. Land restitution and reconciliation in South Africa Theunis Roux 7. For justice and reconciliation to come: big business, the TRC and the demand for material reparation in South Africa Jaco Barnard-Naude 8. Transition, forgiveness and citizenship: the TRC and the social construction of forgiveness Stephane Leman-Langlois and Clifford Shearing 9. The evolving legitimacy of the South African constitutional court James L. Gibson 10. Justice and the art of reconciliation Carrol Clarkson 11. Post-conflict justice and the reconciliatory paradigm: the South African experience Francois du Bois and Antje du Bois-Pedain.