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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Law's time, particularity and slowness
Author:Van Marle, KarinISNI
Periodical:South African Journal on Human Rights
Geographic term:South Africa
Subjects:philosophy of law
Abstract:Time, and in particular the construction of memory, has become an important point of interest and discussion in South Africa. The event of the Truth and Reconciliation Commission (TRC) illuminated law's inability to encompass disruptions of linear and chronological time and law's incapacity to relate to memory. After briefly revisiting the TRC as an example of law's incapacities in relation to time, the author turns to events in art that involved a remembrance of the past and future. In these art events and the comments on them a notion of attentiveness is found that the author wants to translate into an approach to be considered for the purposes of law and legal interpretation. She argues for an approach towards legal interpretation that could embrace a slowness, or 'a strategy of delay'. It is a call for a greater attentiveness in the face of the violence that is brought into institutionalized legal readings and interpretations. Antjie Krog's (1998) telling of the shepherd Lekotse's tale and how the TRC's institutionalized process of interrogation failed to address his concerns, as well as the case of the Tamil asylum seekers, which the present author turns to at the end, show the limits of speedy institutionalized and legalized processes. It shows that for justice one has to wait, that the search for and concern with justice needs a slowness, an approach of attentiveness. Notes, ref., sum. [ASC Leiden abstract]