The Politics of Truth and Reconciliation in South Africa: by Patrick Schmidt

By Patrick Schmidt

The South African fact and Reconciliation fee (TRC) used to be manage to house the human rights violations of apartheid. in spite of the fact that, the TRC's restorative justice method didn't consistently serve the wishes of groups at an area point. in line with prolonged anthropological fieldwork, this booklet illustrates the influence of the TRC in city African groups in Johannesburg. It argues that the TRC had little impression on well known principles of justice as retribution. This provocative learn deepens our realizing of post-apartheid South Africa and using human rights discourse.

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Additional resources for The Politics of Truth and Reconciliation in South Africa: Legitimizing the Post-Apartheid State

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Viewed comparatively, the prominence of lawyers in regulatory interactions should be abstracted one step with the recognition that these are interest representatives in policy networks. At both an individual and a systemic level evidence from a US context can be revealing. The relationship of public and private actors occurs through individual-level 23 LAWYERS AND REGULATION representatives, elevating in importance empirical questions about how those who exercise public authority are influenced by representatives of private interests.

The resistance to social regulation found its ultimate expression in the Reagan administration’s deregulatory platform. With the aid of a Republican Senate during its first two years, the Reagan administration significantly cut OSHA’s budget and staff. Thorne Auchter, a politically active owner of a Florida construction company, replaced Eula 21 LAWYERS AND REGULATION Bingham, an environmental health scientist who had headed OSHA during the Carter administration. The Auchter administration shifted agency policy to increased use of cost–benefit analysis in standardsetting and “cooperative” enforcement approaches that amounted to a significant weakening of enforcement activity.

This involves different networks of parties and sets of incentives and roles for attorneys. After describing in detail the major players in the enforcement system, I discuss the issues faced by attorneys and their clients when OSHA conducts an investigation and prosecutes violations, as well as the strategic choices faced by parties. In chapter 6, I examine the most private aspect of legal work, the compliance counseling conducted by OSHA lawyers outside the scope of active investigations. Beyond the government’s view, how lawyers assist clients in the task of complying with government regulations goes to the very core of the public/private interactions.

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