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The relation between law and revolution is one of the most pressing questions of our time. As one country after another has faced the challenge that comes with the revolutionary overthrow of past dictatorships, how one reconstructs a new government is a burning issue. South Africa, after a long and bloody armed struggle and a series of militant uprisings, negotiated a settlement for a new government and remains an important example of what a substantive revolution might look like. The essays collected in this book address both the broader question of law and revolution and some of the specific issues of transformation in South Africa.

From the beginning my work has clearly been informed by an idea from the young Karl Marx, from Theses on Feuerbach, that \"the purpose of philosophy is to transform the world, and not just to understand it.\" In this essay I will approach this statement via an engagement with Jacques Derrida's concept of negotiation as a technique of liberation.

In this risk-taking book, a major feminist philosopher engages the work of the actor and director who has progressed from being the stereotypical man's manto pushing the boundaries of the very genres-the Western, the police thriller, the war or boxing movie-most associated with American masculinity. Cornell's highly appreciative encounter with the films directed by Clint Eastwood revolve around the questions What is it to be a good man?and What is it to be, not just an ethical person, but specifically an ethical man?Focusing on Eastwood as a director rather than as an actor or cultural icon, she studies Eastwood in relation to major philosophical and ethical themes that have been articulated in her own life's work.In her fresh and revealing readings of the films, Cornell takes up pressing issues of masculinity as it is caught up in the very definition of ideas of revenge, violence, moral repair, and justice. Eastwood grapples with this involvement of masculinity in and through many of the great symbols of American life, including cowboys, boxing, police dramas, and ultimately war-perhaps the single greatest symbol of what it means (or is supposed to mean) to be a man. Cornell discusses films from across Eastwood's career, from his directorial debut with Play Misty for Me to Million Dollar Baby.Cornell's book is not a traditional book of film criticism or a cinematographic biography. Rather, it is a work of social commentary and ethical philosophy. In a world in which we seem to be losing our grip on shared symbols, along with community itself, Eastwood's films work with the fragmented symbols that remain to us in order to engage masculinity with the most profound moral and ethical issues facing us today.

This is the first comprehensive casePub to address the relationship of uBuntu to law. It also provides the most important critical articles on the use of uBuntu, both by the Constitutional Court and by other levels of the judiciary in South Africa.Although uBuntu is an ideal or value rooted in South Africa, its purchase as a performative ethic of the human goes beyond its roots in African languages. Indeed, this casePub helps break through some of the stale antinomies in the discussions of cultures and rights, since both the courts and the critical essays discuss ubuntu as not simply an indigenous or even African ideal but one that is its own terms calls for universal justification. The efforts of the Constitutional Court to take seriously competing ideals of law and justice has led to original ethical reasoning, which has significant implications for post apartheid constitutionalism and law more generally. uBuntu, then, as it is addressed as an activist ethic of virtue and then translated into law, helps to expand the thinking of a modern legal system's commitment to universality by deepening discussions of what inclusion and equality actually mean in a postcolonial country. Since uBuntu claims to have universal purchase, its importance as a way of thinking about law and justice is not limited to South Africa but becomes important in any human rights discourse that is not limitedly rooted in Western European ideals. Thus this book will be a crucial resource for anyone who is seriously grappling with human rights, postcolonial constitutionalism, and competing visions of the relations between law and justice.

The starting-point for the article is to provide a brief background on the Ubuntu Project that Prof. Drucilla Cornell convened in 2003; most notably the interviews conducted in Khayamandi, the support of a sewing collective, and the continued search to launch an Ubuntu Women s Centre. The article will reflect on some of the philosophical underpinnings of ubuntu, whereafter debates in Western feminism will be revisited. Ubuntu feminism is suggested as a possible response to these types of feminisms. The authors support an understanding of ubuntu as critique and ubuntu feminism accordingly as a critical intervention that recalls a politics of refusal. The article ends by raising the importance of thinking about spatiality through ubuntu, and vice versa. It may seem strange to title an article Ubuntu feminism when feminism itself has often been identified as a European or Western idea. But, this article will argue that ubuntu offers conceptions of transindividuality and ways of social belonging that could respond in a meaningful way to some of European feminism s own dilemmas and contradictions. Famously, one of the most intense debates in feminism was between those who defended an ethic of care in a relational view of the self, on one side, and those feminists who held on to more traditional conceptions of justice, placing an emphasis on individuality and autonomy, on the other side. The authors will suggest that ubuntu could address this tension in feminism. Thus, in this article the focus will not simply be on ubuntu, in order to recognise that there are other intellectual heritages worthy of consideration, other than those in Europe and the United States. It will also take a next step in arguing that ubuntu may be a better standpoint entirely from which to continue thinking about what it means to be a human being, as well as how to conceive of the integral interconnection human beings all have with one another. This connection through ubuntu is always sought ethically, and for the authors it underscores what we have both endorsed as ethical feminism. In this essay it is considered how ubuntu feminism could refuse the demands of patriarchy, as well as the confines of liberal feminism. The authors are interested in thinking about ubuntu in general as critique, as a critical response to the pervasiveness of a liberal legal order. Their aim is also to explore tentatively ubuntu and spatiality how could one understand ubuntu in spatial terms, and more pertinently, how could ubuntu and ubuntu feminism relate to spatial justice? Before turning to the theoretical discussion, some of the on-the-ground history of the Ubuntu Project will be reviewed, including the Project s attempt to build an Ubuntu Women s Centre in Khayamandi in the Western Cape, South Africa.

The relation between law and revolution is one of the most pressing questions of our time. As one country after another has faced the challenge that comes with the revolutionary overthrow of past dictatorships, how one reconstructs a new government is a burning issue. South Africa, after a long and bloody armed struggle and a series of militant uprisings, negotiated a settlement for a new government and remains an important example of what a substantive revolution might look like. The essays collected in this book address both the broader question of law and revolution and some of the specific issues of transformation in South Africa.

In dialogue with afro-caribbean philosophy, this book seeks in Cassirer's philosophy of symbolic forms a new vocabulary for approaching central intellectual and political issues of our time. For Cassirer, what makes humans unique is that we are symbolizing creatures destined to come into a world through varied symbolicforms; we pluralistically work with and develop these forms as we struggle to come to terms with who we are and our place in the universe.This approach can be used as a powerful challenge to hegemonic modes of study that mistakenly place the Western world at the center of intellectual and political life. Indeed, the authors argue that the symbolic dimension of Cassirer's thinking of possibility can be linked to a symbolic dimension in revolution via the ideas of Frantz Fanon, who argued that revolution must be a thoroughgoing cultural process, in which what isat stake is nothing less than how we symbolize a new humanity and bring into being a new set of social institutions worthy of that new humanity.

A major American legal thinker, the late Ronald Dworkin also helped shape new dispensations in the Global South. In South Africa, in particular, his work has been fiercely debated in the context of one of the world's most progressive constitutions. Despite Dworkin's discomfort with that document's enshrinement of \"socioeconomic rights,\" his work enables an important defense of a jurisprudence premised on justice, rather than on legitimacy. Beginning with a critical overview of Dworkin's work culminating in his two principles of dignity, Cornell and Friedman turn to Kant and Hegel for an approach better able to ground the principles of dignity Dworkin advocates. Framed thus, Dworkin's challenge to legal positivism enables a theory of constitutional revolution in which existing legal structures are transformatively revalued according to ethical mandates. By founding law on dignity, Dworkin begins to articulate an ethical jurisprudence responsive to the lived experience of injustice. This book, then, articulates a revolutionary constitutionalism crucial to the struggle for decolonization.

How can women create a meaningful and joyous life for themselves? Is it enough to be equal with men? In this provocative and wide-ranging book, Drucilla Cornell argues that women should transcend the quest for equality and focus on what she shows is a far more radical project: achieving freedom. Cornell takes us on a highly original exploration of what it would mean for women politically, legally, and culturally, if we took this ideal of freedom seriously--if, in her words, we recognized that \"hearts starve as well as bodies.\" She takes forceful and sometimes surprising stands on such subjects as abortion, prostitution, pornography, same-sex marriage, international human rights, and the rights and obligations of fathers. She also engages with what it means to be free on a theoretical level, drawing on the ideas of such thinkers as Kant, Rawls, Ronald Dworkin, Hegel, and Lacan. Cornell begins by discussing what she believes lies at the heart of freedom: the ability for all individuals to pursue happiness in their own way, especially in matters of love and sex. This is only possible, she argues, if we protect the \"imaginary domain\"--a psychic and moral space in which individuals can explore their own sources of happiness. She writes that equality with men does not offer such protection, in part because men themselves are not fully free. Instead, women must focus on ensuring that individuals face minimal interference from the state and from oppressive cultural norms. They must also respect some controversial individual choices. Cornell argues in favor of permitting same-sex couples to marry and adopt children, for example. She presses for access to abortion and for universal day care. She also justifies lifestyles that have not always been supported by other feminists, ranging from staying at home as a primary caregiver to engaging in prostitution. She argues that men should have similar freedoms--thus returning feminism to its promise that freedom for women would mean freedom for all. Challenging, passionate, and powerfully argued, Cornell's book will have a major impact on the course of feminist thought.