The Legacies of Law
Long-Run Consequences of Legal Development in South Africa, 1652–2000

Focusing on South Africa from 1650–2000, Meierhenrich examines how law structures democracy in changing societies.

Jens Meierhenrich (Author)

9780521898737, Cambridge University Press

Hardback, published 13 October 2008

408 pages
22.9 x 15.2 x 2.7 cm, 0.77 kg

'Meierhenrich provides a compelling interpretation of the South African transition to full democracy. His argument is beyond doubt a major contribution to our understanding of this remarkable historical moment.' Crawford Young, University of Wisconsin, Madison

Focusing on South Africa during the period 1650–2000, this book examines the role of law in making democracy work in changing societies. The Legacies of Law sheds light on the neglected relationship between path dependence and the law. Meierhenrich argues that legal norms and institutions, even illiberal ones, have an important - and hitherto undertheorized - structuring effect on democratic outcomes. Under certain conditions, law appears to reduce uncertainty in democratization by invoking common cultural backgrounds and experiences. In instances where interacting adversaries share qua law reasonably convergent mental models, transitions from authoritarian rule are shown to be less intractable. Meierhenrich's historical analysis of the evolution of law - and its effects - in South Africa during the period 1650–2000, compared with a short study of Chile from 1830–1990, shows how, and when, legal norms and institutions serve as historical causes to both liberal and illiberal rule.

1. Introduction
Part I. A Theory of Law: 2. A typology of law
3. Path dependence and the law
Part II. A History of Law: 4. Apartheid and the law I
5. Apartheid and the law II
6. Apartheid's endgame and the law I
7. Apartheid's endgame and the law II
Part III. A Comparative Analysis: 8. A plausability probe
9. Conclusion.

Subject Areas: International human rights law [LBBR], Human rights [JPVH], Politics & government [JP], African history [HBJH]