Replacing Scalia: Welcome to the Real World


Justice Antonin Scalia’s death has me thinking about South Africa. (Doesn’t everyone think about South Africa when a Supreme Court justice dies?) More specifically, as someone who works on both legal and political issues in developing countries, I’m constantly exposed to the interface between the two. And one of the best studies of that interface is UCLA law professor Richard Abel’s book about using the courts to fight South African apartheid three decades ago.

Without doing full justice (so to speak) to his thesis, suffice to say that his book’s title encapsulates what Abel ably argues: law is Politics by Other Means. Law was used in South Africa as a tool of repression. Nevertheless, human rights lawyers’ somewhat successful litigation there was an element of the much larger battle to undermine the country’s racist government. Law was part of politics. Read more of this post

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