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Publisher:
Cambridge University Press
Online publication date:
March 2024
Print publication year:
2024
Online ISBN:
9781009380829
Creative Commons:
Creative Common License - CC Creative Common License - BY Creative Common License - NC
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/creativelicenses

Book description

Speeding up land reform through a constitutional amendment that would explicitly permit the expropriation of land without compensation has dominated legal and political-policy debates in South Africa in recent years. Taking this politically and emotionally charged issue as its starting point, this volume offers both expert commentary on this issue from a variety of disciplinary perspectives and also fresh ideas on how to advance the redistributive transformation that South Africa so urgently needs. It brings critically important debates around transformative property law, the need for diversified land justice and the possibilities of alternative forms of redistribution into productive conversation with each other. While grounded in the complex realities of South Africa's past and present, the volume speaks to concerns that resonate in many contexts in the Global South and beyond. It will appeal to scholars, students, policymakers and general readers concerned with both the theory and practice of redistributive justice. This title is also available as Open Access on Cambridge Core.

Reviews

‘Many countries undergo post-conflict transitions, but few meaningfully address the longstanding socio-economic inequalities that fueled violence. Beyond Expropriation without Compensation goes to the heart of the tensions between liberal constitutionalism and the redistribution of land and economic resources, and is essential reading for all those interested in post-apartheid South Africa and redistributive justice more broadly.’

Richard Ashby Wilson - Professor at University of Connecticut School of Law

‘Intellectually astute and politically courageous, this book is easily the most important work of scholarship yet on the vexed issue of land reform in South Africa. The combination of analytical rigor and the lucidity of writing means that this well-edited work will be an enduring reference for scholars of ‘the land question’ while at the same time serving as an accessible and exciting read for the general public.’

Jonathan Jansen - Professor at Stellenbosch University

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Contents

Full book PDF
  • Beyond Expropriation Without Compensation
    pp i-i
  • Cambridge Studies in Constitutional Law - Series page
    pp ii-iv
  • Copyright page
    pp vi-vi
  • Contents
    pp vii-viii
  • List of Figures
    pp ix-ix
  • Notes on Contributors
    pp x-xvii
  • Acknowledgements
    pp xviii-xx
  • Table of Cases
    pp xxi-xxii
  • Table of Legislation
    pp xxiii-xxiv
  • List of Abbreviations
    pp xxv-xxvi
  • Introduction
    pp 1-32
  • Part I - The Rights and Wrongs of South African Property Law
    pp 33-140
  • 3 - The ‘Justice’ in ‘Just and Equitable’ Compensation
    pp 71-94
  • Part II - Potentials and Pitfalls of South African Land Reform
    pp 141-238
  • 8 - Land Reform and Rural Production in South Africa
    pp 190-213
  • Part III - Imagining Alternative Futures of Redistributive Justice in South Africa
    pp 239-297
  • 11 - Redistributive Justice, Transformational Taxes and the Legacies of Apartheid
    pp 268-287
  • 12 - Redistribution of What?
    pp 288-297
  • Beyond Land in the Moral Politics of Distribution
  • Index
    pp 298-310

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