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.
Our passion for categorisation, life neatly fitted into pegs, has led to an unforeseen, paradoxical distress; confusion, a breakdown of meaning. Those categories which were meant to define and control the world for us have boomeranged us into chaos; in which limbo we whirl, clutching the straws of our definitions. The “protest” novel, so far from being disturbing, is an accepted and comforting aspect of the American scene, ramifying that framework we believe to be so necessary. Whatever unsettling questions are raised are evanescent, titillating; remote, for this has nothing to do with us, it is safely ensconced in the social arena, where, indeed, it has nothing to do with anyone, so that finally we receive a very definite thrill of virtue from the fact that we are reading such a book at all.BACK TO TOP