Quote of the week

[T]he moral point of the matter is never reached by calling what happened by the name of ‘genocide’ or by counting the many millions of victims: extermination of whole peoples had happened before in antiquity, as well as in modern colonization. It is reached only when we realize this happened within the frame of a legal order and that the cornerstone of this ‘new law’ consisted of the command ‘Thou shall kill,’ not thy enemy but innocent people who were not even potentially dangerous, and not for any reason of necessity but, on the contrary, even against all military and other utilitarian calculations. … And these deeds were not committed by outlaws, monsters, or raving sadists, but by the most respected members of respectable society.

Hannah Arendt
Eichmann in Jerusalem: A Report on The Banality of Evil
27 August 2009

Book News: The Constitution in the Classroom

The Constitution in the Classroom: Law and Education in South Africa 1994 – 2008

Authors: Stu Woolman & Brahm Fleisch

About the publication:

The law on education and educational practices in South Africa would exhaust the capacity of any meaningful monograph. Instead, the authors of this book engage six discrete topics that refl ect the broader currents and conflicts in South African education debates: (a) school choice; (b) school fees; (c) the right to an adequate basic education; (d) single medium public schools; (e) school governing bodies; and (f) independent schools. The book has two further aims. First: To move beyond the debates taking place separately in the education policy community and the legal academy, and to demonstrate how these disciplines, working in concert with each other, can advance our understanding of law and education in South Africa. Second: To show that the ANC’s complex education agenda must mirror the egalitarian, utilitarian, democratic, and communitarian commitments found within the Constitution. How these competing political claims refl ected in our basic law play themselves out in the enabling education legislation, the case law and government education policy, frames each topic assayed in this work.

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