Constructing a Common Language: The Function of Nuremberg in the Problematization of Postapartheid Justice (original) (raw)

Law and Social Inquiry-journal of The American Bar Foundation, 2002

Abstract

This paper analyzes the function acquired by the historical Nuremberg trial in the constitution of a specific discourse about transitional South Africa and about what should be done about the brutality of the past. This function is best described as mythical: emptied of content, Nuremberg was a blank slate on which all parties to the debate could write their conflicting representations of the situation and their respective proposed solutions. The organization of fundamentally incompatible representations of reality around unifying myths such as Nuremberg was key to the production of visible consensus on the proper evaluation of the sociopolitical situation and the basic characteristics of the right course of action, and thus the appearance of effective state administration in a reconciled nation.

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