Land is a significant and controversial topic in South Africa. Addressing the land claims of those dispossessed in the past has proved to be a demanding, multidimensional process. In many respects the land restitution program that was launched as part of the county’s transition to democracy in 1994 has failed to meet expectations, with ordinary citizens, policymakers, and analysts questioning not only its progress but also its outcomes and parameters.

Land, Memory, Reconstruction, and Justice brings together a wealth of topical material and case studies by leading experts in the field who present a rich mix of perspectives from politics, sociology, geography, social anthropology, law, history, and agricultural economics. The collection addresses both the material and the symbolic dimensions of land claims, in rural and urban contexts, and explores the complex intersection of issues confronting the restitution program, from the promotion of livelihoods to questions of rights, identity, and transitional justice.

A valuable contribution to the field of land and agrarian studies, both in South Africa and internationally, it is undoubtedly the most comprehensive treatment to date of South Africa’s postapartheid land claims process and will be essential reading for scholars and students of land reform for years to come.

The year 2008 is the deadline set by President Mbeki for the finalization of all land claims by people who were dispossessed under the apartheid and previous white governments. Although most experts agree this is an impossible deadline, it does provide a significant political moment for reflection on the ANC government’s program of land restitution since the end of apartheid.

Land reform (and land restitution within that) remains a highly charged issue in South Africa, one that deserves more in–depth analysis. Drawing on her experience as Rural Land Claims Commissioner in KwaZulu–Natal from 1995 to 2000, Professor Cherryl Walker provides a multilayered account of land reform in South Africa, one that covers general critical commentary, detailed case material, and personal narrative. She explores the master narrative of loss and restoration, which has been fundamental in shaping the restitution program; offers a critical overview of the achievements of the program as a whole; and discusses what she calls the “non–programmatic limits to land reform,” including urbanization, environmental constraints and the impact of HIV/AIDS.

Restitution is the body of law concerned with taking away gains that someone has wrongfully obtained. The operator of a Ponzi scheme takes money from his victims by fraud and then invests it in stocks that rise in value. Or a company pays a shareholder excessive dividends or pays them to the wrong person. Or a man poisons his grandfather and then collects under the grandfather’s will. In each of these cases, one party is unjustly enriched at the expense of another. And in all of them the law of restitution provides a way to undo the enrichment and transfer the defendant’s gains to a party with better rights to them. Tort law focuses on the harm, or costs, that one party wrongfully imposes on another. Restitution is the mirror image; it corrects gains that one party wrongfully receives at another’s expense. It is an important topic for every lawyer and for anyone else interested in how the legal system responds to injustice. 

In Restitution, Ward Farnsworth presents a guide to this body of law that is compact, lively, and insightful—the first treatment of its kind that the American law of restitution has received. The book explains restitution doctrines, remedies, and defenses with unprecedented clarity and illustrates them with vivid examples. Farnsworth demonstrates that the law of restitution is guided by a manageable and coherent set of principles that have remarkable versatility and power. Restitution makes a complex and important area of law accessible, understandable, and interesting to any reader.

Can there ever be justice for the Holocaust? During the 1990s—triggered by lawsuits in the United States against Swiss banks, German corporations, insurance companies, and owners of valuable works of art—claimants and their lawyers sought to rectify terrible wrongs committed more than a half century earlier. Some Measure of Justice explores this most recent wave of justice-seeking for the Holocaust: what it has been, why it emerged when it did, how it fits with earlier reparation to the Jewish people, its significance for the historical representation of the Holocaust, and its implications for justice-seeking in our time.
    Writings on the subject of Holocaust reparations have largely come from participants, lawyers, philosophers, journalists, and social scientists specializing in restitution. In Some Measure of Justice Michael Marrus takes up the issue as a historian deeply involved with legal issues. He engages with larger questions about historical understanding and historical interpretation as they enter the legal arena. Ultimately this book asks, What constitutes justice for a great historic wrong? And, Is such justice possible?

 

 

Winner, Helen and Stan Vine Canadian Jewish Book Award for Holocaust Literature