SOC 2181: Exam 2 Study Guide
SOC 2181: Exam 2 Study Guide SOC 2181
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This 2 page Study Guide was uploaded by -deleted-apierson on Tuesday March 3, 2015. The Study Guide belongs to SOC 2181 at George Washington University taught by Buntman in Spring2015. Since its upload, it has received 106 views. For similar materials see South African Political Sociology in Sociology at George Washington University.
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Date Created: 03/03/15
Important Dates 0 1993 ANC gives up the idea of criminal prosecution against people adopts amnesty provisions for criminals in apartheid o 1994 South Africa becomes a democracy 0 1995 S A Parliament passes Promotion of National Unity and Reconciliation Act Legislation and Law 0 Constitution establishes quotChapter 9 Institutions which were set to deal with legacies of the past eg human rights gender equality Functions as a sort of check on the government 0 South Africa s Constitution is based in part on the German and Canadian Constitutions as well as international law 0 South Africa has great legal institutions and a great constitution but there is a gap between law policy and practice 0 Law divides between constitutional law and all other law South Africa is a constitutional democracy 0 The Constitution sets forth the fundamental framework for law No law can conflict with the constitution 0 Many different types of law active in South Africa customary RomanDutch Civil common law etc All are bound by the Constitution 0 Most legal matters are dealt with by the Magistrate s Court and the High Courts 0 Davis argues the South African Constitutional Court is very conservative in socioeconomic issues There are several interpretations as to what rights are in South Africa because these decisions are responsive to politics and resources 0 Promotion of National Unity and Reconciliation Act 1995 establishes the TRC Focuses on the values of truth and progress Ultimately a political move 0 Established 3 committees Human rights Amnesty Reparations 0 Legal parameters of TRC gross human rights violations Remember that most of apartheid was legal and the TRC only dealt with the illegal acts under apartheid eg torture murder violence Important People Rev Desmond Tutu man who oversaw the TRC proceedings Tabo Mbeki President after Mandela denied HIV was the cause of AIDS Important Concepts Dominant focus of TRC is forgiveness NP was not getting blanket amnesty full disclosure and a political motive were prerequisites to receiving amnesty Racism political Amnesty was an act of pragmatism under realpolitik there are values and goals but what was best for South Africa was to move on past apartheid Framing of victims under TRC according to Buntman o Victims who came to TRC o Victims legally eligible but did not go to TRC o Victims not eligible for TRC victims of legal apartheid acts 0 South Africa as a victim of apartheid Five implicit logics of TRC o Pragmatism 0 Christian Forgiveness 0 Ubuntu without a community you are nothing we are human because of other people 0 Positivism 0 Law Amnesty was a critical part of compromise compare to Nurembergstyle trials in Germany Treatment Action Campaign TAC Uses tactics to encourage government to tackle AIDS Uses the Bill of Rights to attempt to have the Constitution act as a veto for laws passed under Mbeki Two different kinds of rights positive and negative Rights are not absolute a right to liberty does not mean you cannot be arrested
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