Quote of the week

Universal adult suffrage on a common voters roll is one of the foundational values of our entire constitutional order. The achievement of the franchise has historically been important both for the acquisition of the rights of full and effective citizenship by all South Africans regardless of race, and for the accomplishment of an all-embracing nationhood. The universality of the franchise is important not only for nationhood and democracy. The vote of each and every citizen is a badge of dignity and of personhood. Quite literally, it says that everybody counts. In a country of great disparities of wealth and power it declares that whoever we are, whether rich or poor, exalted or disgraced, we all belong to the same democratic South African nation; that our destinies are intertwined in a single interactive polity.

Justice Albie Sachs
August and Another v Electoral Commission and Others (CCT8/99) [1999] ZACC 3
18 January 2018

On Catharine MacKinnon

More troubling to my mind, but broached far less often, is the question of whether it makes sense for feminists to attempt to change the world by changing the law. The worry isn’t so much that strengthening the hand of a patriarchal state can only be bad for women; MacKinnon doesn’t want to strengthen the state exactly, but to adjust the law so that state power is exercised in a way that promotes sex equality instead of maintaining and entrenching male dominance. Rather, the concern is that it’s possible that no amount of adjustment could convert the law – or at least, the law in a liberal capitalist state – into a vehicle of genuine emancipation for women.

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