Stephen Ellmann
Biographic Data
| ID | 280990 |
|---|---|
| NAME | Stephen Ellmann |
| GIVEN NAMES | Stephen |
| FAMILY NAME | Ellmann |
| SIGNATURE | ELLMANN S |
| AFFILIATIONS | New York Law School. I thank Nancy Rosenbloom for her helpful comments on this piece. |
| VERIFIED | No |
| TOTAL WORKS | 12 |
| TOTAL CITATIONS | 13 |
| AUTHOR COUNT | 12 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1988 |
| LATEST PUBLICATION YEAR | 2003 |
| H-INDEX | 2 |
Post-Apartheid Constitutions: Perspectives on South Africa's Basic Law
In a book which offers a unique range of perspectives on the development of South Africa's Interim and final Constitutions, scholars, practising lawyers, members of the judiciary and the Human Rights Commission, and political leaders illuminate the many issues of process, substance and context presented by the Constitutions. Essays on process make clear the challenges and the triumphs of South Africa's constitutional rebirth. The authors examine …
To Live Outside the Law you Must be Honest: Bram Fischer and the Meaning of Integrity
It is often suggested that anti-apartheid South Africans' use of the old order's courts in the course of their struggle contributed to the new South Africa's commitment to the rule of law. At the same time, it is widely felt that apartheid South Africa's laws were so illegitimate that moral citizens were not obliged to obey them, and indeed were entitled to take up arms against them. Could a lawyer who chose to break the law at the same time cont…
Law and Legitimacy in South Africa
1. Thus John Dugard, a powerful South African critic of apartheid law for many years, wrote recently that "[i]t was inevitable that blacks would lose confidence in this system of law.Consequently, for the majority of the population, the law is not legitimate."John Dugard, "Blacks and the Administration of Justice," in Dugard, ed., The Last Years of Apartheid: Civil Liberties in South Africa 95, 103 (1992) ("Dugard, Last Years").So, too, Charles D…
Law in and Legitimacy South Africa
This mticle examines whether anti-apartheid lawyering might have legitimized the South Afncan legal system by asking what black South Ahcans actually thought of that system. Perhaps surprisingly, blrcks, and in particular African, appear to have accorded the legal system a measure of legitimacy despite the oppression they often suffered at its hands. Three paradigms of African opinion are offered to help us understand the complex African response…
Struggle and Legitimation
A specter is haunting lawyers working against injustice-the specter of legitimation.' Those who seek to challenge unjust states by using the law of those states against them are very likely to feel tarnished by the need to speak in terms of laws they despise. This sense of personal taint is bad enough, and sometimes may simply be intolerable. But perhaps it is even worse to wonder whether one's desperate efforts to maneuver within an unjust syste…
Struggle and Legitimation: [Editor's Introduction]
In a Time of Trouble: Law and Liberty in South Africa's State of Emergency
Federalism Awry: The Structure of Government in the Kwazulu/Natal Constitution
In A Time Of Trouble: Law and Liberty in South Africa’s State of Emergency
Can the law really protect human rights when they are most under siege? During much of South Africa's state of emergency, the country's highest court grimly rejected efforts to use the law to restrain emergency power. The tide of those decisions has now turned. As this important book shows, these changing judicial trends reveal both the weakness and strength of the law. Although no guarantee of liberty, law and legal traditions can help to slow t…
The Last Years of Apartheid: Civil Liberties in South Africa
Lawyers Against the Emergency
Cases and Comments
Post-Apartheid Constitutions: Perspectives on South Africa's Basic Law
In a book which offers a unique range of perspectives on the development of South Africa's Interim and final Constitutions, scholars, practising lawyers, members of the judiciary and the Human Rights Commission, and political leaders illuminate the many issues of process, substance and context presented by the Constitutions. Essays on process make clear the challenges and the triumphs of South Africa's constitutional rebirth. The authors examine …
Law in and Legitimacy South Africa
This mticle examines whether anti-apartheid lawyering might have legitimized the South Afncan legal system by asking what black South Ahcans actually thought of that system. Perhaps surprisingly, blrcks, and in particular African, appear to have accorded the legal system a measure of legitimacy despite the oppression they often suffered at its hands. Three paradigms of African opinion are offered to help us understand the complex African response…
Struggle and Legitimation
A specter is haunting lawyers working against injustice-the specter of legitimation.' Those who seek to challenge unjust states by using the law of those states against them are very likely to feel tarnished by the need to speak in terms of laws they despise. This sense of personal taint is bad enough, and sometimes may simply be intolerable. But perhaps it is even worse to wonder whether one's desperate efforts to maneuver within an unjust syste…
Law and Legitimacy in South Africa
1. Thus John Dugard, a powerful South African critic of apartheid law for many years, wrote recently that "[i]t was inevitable that blacks would lose confidence in this system of law.Consequently, for the majority of the population, the law is not legitimate."John Dugard, "Blacks and the Administration of Justice," in Dugard, ed., The Last Years of Apartheid: Civil Liberties in South Africa 95, 103 (1992) ("Dugard, Last Years").So, too, Charles D…
Struggle and Legitimation: [Editor's Introduction]
Lawyers Against the Emergency
Cases and Comments
Lawyers Against the Emergency
In A Time Of Trouble: Law and Liberty in South Africa’s State of Emergency
Can the law really protect human rights when they are most under siege? During much of South Africa's state of emergency, the country's highest court grimly rejected efforts to use the law to restrain emergency power. The tide of those decisions has now turned. As this important book shows, these changing judicial trends reveal both the weakness and strength of the law. Although no guarantee of liberty, law and legal traditions can help to slow t…
The Last Years of Apartheid: Civil Liberties in South Africa
In a Time of Trouble: Law and Liberty in South Africa's State of Emergency
Federalism Awry: The Structure of Government in the Kwazulu/Natal Constitution
Law and Legitimacy in South Africa
1. Thus John Dugard, a powerful South African critic of apartheid law for many years, wrote recently that "[i]t was inevitable that blacks would lose confidence in this system of law.Consequently, for the majority of the population, the law is not legitimate."John Dugard, "Blacks and the Administration of Justice," in Dugard, ed., The Last Years of Apartheid: Civil Liberties in South Africa 95, 103 (1992) ("Dugard, Last Years").So, too, Charles D…
Law in and Legitimacy South Africa
This mticle examines whether anti-apartheid lawyering might have legitimized the South Afncan legal system by asking what black South Ahcans actually thought of that system. Perhaps surprisingly, blrcks, and in particular African, appear to have accorded the legal system a measure of legitimacy despite the oppression they often suffered at its hands. Three paradigms of African opinion are offered to help us understand the complex African response…
Struggle and Legitimation
A specter is haunting lawyers working against injustice-the specter of legitimation.' Those who seek to challenge unjust states by using the law of those states against them are very likely to feel tarnished by the need to speak in terms of laws they despise. This sense of personal taint is bad enough, and sometimes may simply be intolerable. But perhaps it is even worse to wonder whether one's desperate efforts to maneuver within an unjust syste…
Struggle and Legitimation: [Editor's Introduction]
To Live Outside the Law you Must be Honest: Bram Fischer and the Meaning of Integrity
It is often suggested that anti-apartheid South Africans' use of the old order's courts in the course of their struggle contributed to the new South Africa's commitment to the rule of law. At the same time, it is widely felt that apartheid South Africa's laws were so illegitimate that moral citizens were not obliged to obey them, and indeed were entitled to take up arms against them. Could a lawyer who chose to break the law at the same time cont…
Post-Apartheid Constitutions: Perspectives on South Africa's Basic Law
In a book which offers a unique range of perspectives on the development of South Africa's Interim and final Constitutions, scholars, practising lawyers, members of the judiciary and the Human Rights Commission, and political leaders illuminate the many issues of process, substance and context presented by the Constitutions. Essays on process make clear the challenges and the triumphs of South Africa's constitutional rebirth. The authors examine …
Law (12 works) · Political science (12 works) · Law (8 works) · Politics (8 works) · Sociology (8 works) · Legal Issues in South Africa (7 works) · Human Rights and Development (3 works) · Judicial and Constitutional Studies (3 works) · Legal Education and Practice Innovations (3 works) · Legitimation (3 works)