Reconciliation and revenge in post-apartheid South Africa: rethinking legal pluralism and human rights
Date
1987-02-09T09:40:21Z
Authors
Wilson, Richard
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Abstract
Human rights are a central element in the new governmental project in the 'New South
Africa', and this article traces some of the specific forms of connection and
disconnection between notions of justice found in townships of the Vaal and rights
discourses as articulated by the Truth and Reconciliation Commission. Human rights
in post-apartheid South Africa have had varied social effects which are understood
through the categories of'adductive affinities' and 'relational discontinuities'. Religious
values and human rights discourse have converged on the notion of'reconciliation' on
the basis of shared value orientations and institutional structures. There are clear
divergences, however, between human rights and notions of justice as expressed in
local lekgotla, or township courts, which emphasized punishment and revenge. The
article concludes that the plurality of legal orders in South Africa results not from
systemic relations between 'law' and 'society'. Instead, pluralism emerges from multiple
forms of social action seeking to alter the direction of social change in the area of
justice, within the context of the nation-building project of the post-apartheid state.
Description
Paper presented at the Wits History Workshop: The TRC; Commissioning the Past, 11-14 June, 1999
Keywords
Anthropology of human rights, truth commissions, legal pluralism, South Africa