Unexpected Ways

• Date: 21.06.2009
• Book: The Strange Alchemy of Life and Law (0)
• Author: PhillipTaylor

Review

PRE AND POST-APARTHEID:
ALBIE’S INSIDER PERSPECTIVE

If you love justice as much as you abhor and detest injustice, you will be deeply moved by this engrossing 300 page jurisprudential memoir by Albie Sachs. The same is true for judges who, in the words of our former Lord Chief Justice, Harry Woolf, believe judging is much more than merely deciding cases! Yes, this is one of the few entertaining books which can be classified as a work on judicial reasoning and how a judge might decide from the insider perspective.

So, every judge should be encouraged to read it, continues Lord Woolf, adding ‘I am sure it would improve their understanding of what the job really involves and what justice is about.

Sachs is a doughty and courageous fighter in the struggle for justice in South Africa under the malevolent apartheid regime which made that country a world pariah. Following the release of Nelson Mandela in 1994 - who can forget that day - Sachs played an important role in drafting South Africa’s post-apartheid Constitution and was appointed by Mandela as a member of its first constitutional court.

With the startling lucidity which characterizes his writing, Sachs reveals what it was like to be a judge in circumstances which are particularly unique, especially in view of the fact that he was himself a victim of apartheid.

As an advocate at the Cape Bar from the age of 21, he defended people charged under racist statures and repressive security laws, incurring the wrath of the authorities. He was subjected to banning orders, placed in solitary confinement for two spells of detention and exiled in 1966. After working for some 20 years in the UK and Mozambique, he was seriously injured by a bomb.

Now as his term on the Constitutional Court nears its end, Sachs looks back on his extraordinary life, writing with passion and insight about the ways in which his experiences have influenced his judicial approach and his views on the nature of justice.

When one has suffered oneself under an irrational and oppressive regime, including detention and torture, one’s personal and judicial outlook will inevitably be influenced accordingly.

‘It was the worst moment of my life,’ recalls Sachs, describing a particularly appalling incident of torture. ‘It was not a hypothetical situation of the kind that some academics conjure up when discussing the costs and benefits of the government using torture,’ he comments, ‘the practice was systematic, it was organized, it was condoned, it was part of policy.’

Policy makers worldwide, even in the enlightened democracies, who have been tempted to believe that there are pros as well as cons which justify torture in whatever form, should read this powerful and enlightening book.

And ‘how do life experiences affect legal decision making?’ asks Sachs in the preface. ‘The answer,’ he concludes, ‘is in unexpected ways.’ Yes, this is a book for the jurisprudent’s jurisprudent and great for students and legal philosophers alike in 21st century.

ISBN: 978-0-19-957179-6

YouTube: http://www.youtube.com/watch?v=AizQDJqSVuc