As seductive as certain perspectives of international law may appear to those who disagree with the outcome of the interpretative exercise conducted by this Court in the contempt judgment, sight must not be lost of the proper place of international law, especially in respect of an application for rescission. The approach that my Brother adopts may be apposite in the context of an appeal, where a court is enjoined to consider whether the court a quo erred in its interpretation of the law. Although it should be clear by now, I shall repeat it once more: this is not an appeal, for this Court’s orders are not appealable. I am deeply concerned that seeking to rely on articles of the ICCPR as a basis for rescission constitutes nothing more than sophistry.
While I was in jail in Pretoria for two decades in consequence of my pursuit of the Marxist ideal, one of my fellow inmates, serving a mere seven years, had spent some time in the Sorbonne reading for an MA in politics. He had sat at the feet of Louis Althusser (LRB, 17 December 1992), and expressed his admiration for the maestro by running seminars on the thought of Althusser for us. Marxists are not merely concerned with a delineation of Communist society – an ideal which seems somewhat further away now since my release. In fact, Marx himself was rather coy about a detailed description of Communism for fear of being regarded as a utopian. Marxists also present a critique of capitalism in much greater detail. A part of this is the analysis of the state, which was particularly the concern of Lenin. In prison, we discussed Althusser’s notions of ideology and ideological state apparatuses. According to him, these serve to bolster the capitalist state, and he lists the family among other institutions as an ideological state apparatus. Thus, if one is opposed to capitalism, one can contribute to its downfall by undermining ideological state apparatuses. Therefore it might seem logical to destroy that foundation of capitalism, the family, by strangling one’s wife. My comrade was not impressed when I put this to him after we heard of Althusser’s action. He continued in his respect for Althusser’s erudition and incision by imitating his style to some effect, although not in spouse-strangling. In deciding whether Althusser was motivated by lunacy or logic, it would have helped if he could have strangled some children as well, but it seems that none came to hand. – David Kitson on Jeremy Cronin (Althusser strangled his wife.)BACK TO TOP