Vida e Direito: Uma Estranha Alquimia

by Albie Sachs

Quanto de sofrimento uma pessoa pode suportar para manter intacta a crença de que devemos viver o triunfo da igualdade? Para Albie Sachs, jurista sul-africano e inspiração de pessoas em todo o mundo, essa esperança pode não ter limites. Nesta obra, além da trajetória pessoal, florescem registros únicos do seu legado de quinze anos como juiz da Corte Constitucional da África do Sul, desde sua indicação, por Nelson Mandela, até a aposentadoria, em 2009. Sendo o branco que lutou contra o apartheid, Albie Sachs viveu em mundos totalmente à parte, acompanhados pela dor, ao invés da esperança. Revelando detalhes desconhecidos de uma história de vida fascinante, o livro apresenta os mais importantes temas que permeiam o vibrante constitucionalismo sul-africano. Debates como a pena de morte e o direito à vida, a implementação de direitos sociais e a temática religiosa aparecem por meio de uma escrita rica e uma abordagem erudita. Há, também, casos complexos, como o que, sob a relatoria de Albie Sachs, derrubou a legislação sul-africana que não contemplava a possibilidade de casamento homoafetivo. Albie perdeu a visão de um olho e quase todo o braço direito. Contudo, ali floresceu um coração fecundo, uma mente poderosa e um corpo repleto de energia. Com o coração, ele manteve intacta a crença de que todos somos iguais. Na mente, borbulham ideias corajosas e inspiradoras. Com a energia, percorre o mundo levando sua mensagem. Uma mensagem que agora ganha terreno no Brasil, por meio da tradução desta obra premiada.

Genres: Law, Nonfiction, Africa, South Africa, Biography, Politics

256 pages, Paperback

First published June 11, 2009

About the author

Albert "Albie" Louis Sachs is a former judge of the Constitutional Court of South Africa. He was appointed by Nelson Mandela in 1994 and retired in October 2009. Justice Sachs gained international attention in 2005 as the author of the Court's holding in the case of Minister of Home Affairs v Fourie, in which the Court overthrew South Africa's statute defining marriage as between one man and one woman, finding this to be a violation of the Constitution's general mandate for equal protection for all and its specific mandate against discrimination on the basis of sexual orientation.

Reviews

[Garima Gupta · Rating 5 out of 5]

A must must read. It is beautiful, powerful, hits very regular but core aspects of life in general. Easier read for law students/ practitioners but can be read by anybody with a little bit of Google search here and there.
Also, carries the potential to make you read it over and over again.

[Sicelo · Rating 5 out of 5]

A reading of Albie Sach's writings is never without a search for an understanding of South Africa's liberation struggle especially from the perspective of the African National Congress - currently the country's ruling party - perhaps with an underlying desire for ongoing interpretation and insight into its previous and current mindset with regards its aims and objectives for the future of South Africa and its people.

And invariably, Sachs does not fail to elucidate the basic philosophical perspective that informed the liberation struggle in the several decades up to 1994 and beyond from either his personal perspective which included his direct involvement in formulating policies and procedures to guide certain aspects of the ANC conduct in exile, or that of the ANC as flowing from interaction with its various leaders, from the late Oliver Reginald Tambo who led the organization during its years in exile, to Nelson Mandela and even Thabo Mbeki, in the post apartheid days.

In ‘The Strange Alchemy of Life and Law’ – a book drawing from and seeking to delve yet again on his personal exploitation and experiences as both a cadre of the erstwhile liberation movement as well as an ambitious individual in love of law - Sachs takes one into his pulsating journey of conflict within and without, and through which he found himself not only torn apart literally (he lost an arm due to a bomb explosion designed to kill him) and metaphorically as a young white lawyer who through his involvement in the struggle, got classified as a terrorist and therefore an outlaw in his land of birth!

The story is told both directly through personal experiences during the period, and indirectly through exploration and explanation of Constitutional Court cases and related judgments he personally or with colleagues, handed down during the post apartheid period and all of which – from his perspective - sought to entrench the human rights culture that form part of that constitution but in reality, seeking to encapsulate the spirit within which the struggle for South Africa’s liberation colonialism and apartheid thereafter was fought, and the goals it sought to achieve.

In a prologue Sachs writes: “Life prepared me in a most bizarre way for becoming a judge. If judicial office had been my goal I was doing everything right….eight years of study and three degrees including a doctorate in law, a decade of busy practice as an advocate at the Cape Town Bar, and, later earnestly teaching law in three continents and publishing several books, some scholarly, others autobiographical.

‘Yet as far as the actual impact of the law on my life was concerned, everything was wrong: as a student my home was raided before dawn by the police and I was subjected to was called a ‘banning order’ that restricted my movements and activities; while at the Bar I was twice placed in solitary confinement by the security police……..when I completed my doctorate I was living as a stateless person in exile in England; and some years later while doing legal research in Mozambique I was blown up by a bomb placed in my car by my country’s security agent, losing an arm and the sight of an eye.

‘The fact is that for much of my life I lived simultaneously as lawyer and as outlaw. Anyone who has been in clandestinity will know how split the psyche becomes when you work through the law in the public sphere, and against the law in the underground.’

The narrative following, then knits together the final coming together of both the man and his legal mind achieved in deliverance through a constitutional legal framework based on basic human rights upon which the new South Africa now traverses, a course he had devoted his entire life seeking to achieve, ‘an open and democratic society based on human dignity, equality and freedom.’

Interestingly and perhaps significant as well, is the deep penetration of Sach’s gentle sense of humour in each one of the stories he narrates in the book – a curious yet acceptable trait generally hardly to be expected from a high court judge!

A personal encounter some years back had allowed me a glimpse of this human characteristic about Sachs. It was a brief encounter and interaction with Sachs that occurred in the mid 2000, when we spent a few weeks together as panel judges for the design of the Statue of Freedom set to be built in Nelson Mandela Bay (Port Elizabeth) in the near future. As a Constitutional Court judge then, Sachs’ decidedly friendly approach to people in general and a down to earth yet highly focussed approach to task, often accompanied at all times by a deliberate infusion of humour, left an indelible impression in my mind about the individual, while at the same time spurred an ever growing to desire to understand the functioning of such a great mind in a such a simple way

[Eric White · Rating 3 out of 5]

Goodreads' rating scale is "did not like it," "it was ok," "liked it," "really liked it," "it was amazing." So, I liked it. I have a feeling, though, that if I was more interested in law or had more of an analytical mind, the rating could easily be "it was amazing." My favorite line was on page 63, "He had been, I think, a Captain in the South African Defence Force, and he strode down the passage to my chambers with not quite a swagger, but a military gait, and I strolled along at his side with what I supposed to be a jaunty judicial ambulation."

[Michael Curtotti · Rating 5 out of 5]

This is an autobiography of a revolutionary and a judge. It explores the deepest questions of a life lived in an era of turmoil; a life lived in the struggle for human rights and the overthrow of apartheid. It weaves life and some of the most important legal cases of the South African Supreme Court together. For more, see my review at https://beyondforeignness.org/508

[Winnie Mburu · Rating 5 out of 5]

This is one of the books where you'll just have to read it to know and feel its depth. No book review would do it enough justice.
Primarily, the book follows the mind of judge. Ever wondered what informs their judgments, their opinions? This one will answer you effectively. We go through the mind of a former South African judge of the constitutional court, Albie Sachs and understand what factors inform his reasoning and some of his notable judgments.
Whereas the audience may primarily be legal, his language is simple enough for anyone to understand. If you're a curious mind with an inclination towards legal stuff, this is definitely an absolute pick for you!
Honestly, I find no fault in this book. Not only was it a refreshing read, but also an informative one at that. The humor was on point as well. The excerpts and the judge's own personal experiences were the cherry on top. He gave you something to ponder on. Left you with an urge to read more from the Learned Judge.
A five star read for sure!!

[Sue · Rating 4 out of 5]

If you have a legal background or intend entering the profession, this is a must-read. It is a powerful and personal account of how Albie Sachs's revolutionary fight for justice in South Africa, including his survival of a bomb attack, his own perspectives and experiences, prepare him to become a Constitutional Court judge. His constant touchstone is to ensure human dignity, equality and freedom. The writing is wonderful, even when the jurisprudential reasoning and long sentences lost me occasionally - for example, I found the section on proportionality and balance rather abstract. His is a very fine and incisive mind. While learning about some of the C Court's most ground-breaking judgements I thoroughly relished Sachs's great eloquence and wisdom.

[Michael · Rating 4 out of 5]

I’m very glad I read this book. This book by a former member of the South African Supreme Court gave me a much better understanding of the country through the lens of the cases that the author wrote about and his understanding and thinking through the decisions that were made (and that he both agreed and disagreed with). It was smart, funny and insightful. I liked it.

[Linus · Rating 4 out of 5]

Turmoil creates heroes. From this book, I get to know what Albie Sachs has been through and what he has done to South Africa.

[Nora · Rating 5 out of 5]

I LOVED this book. I teared when i read some cases. Its one of those books that you will be attached to, to the rest of your life.

[Apoorv · Rating 5 out of 5]

Absolutely fantastic. Deeply personal and moving. A must read.

[Bailey · Rating 4 out of 5]

This is a great read with, I believe, vast appeal - something difficult to achieve for this type of book. Perhaps it's because it isn't contained to legal theory, but Sachs' own philosophies about justice, rights, and the way that life experiences so unexpectedly affect us. Cases are laid out respectfully; judgements exposed fascinatingly. It's a quick read that stays with you, and provokes long past the last page.

[Phillip Taylor · Rating 5 out of 5]

UNEXPECTED WAYS-
PRE AND POST-APARTHEID:
ALBIE’S INSIDER PERSPECTIVE

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

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=AizQDJ...

[Hung-ya · Rating 5 out of 5]

Instead of technicality rhetoric on laws and politics, Albie Sachs wrote about actual cases, which looked into the story of how judges were going to proceed the reconciliation process.

I thought all one needs to do is to speak out truth and then then the reconciliation process could be easily led to. In fact, that is the idea and perhaps the procedure. But when it comes to human beings getting in touch with his or her very own experiences and stories, it could never be as easy. Simple but not easy. You have to take into account the whole spectrum of human emotions while trying to solve the "problems" by rationale. Abbie Sachs examined cases not only by rationale, but also by his heart.

[Annaleise · Rating 1 out of 5]

I haven't actually finished this. It's just too much like reading work. I might go back to it later, but I doubt I will before I finish law school. For such an interesting guy, talking about such interesting events, I don't think he could have written in a more dull fashion. He just sounds uninterested. Shame, I had high hopes for this one.

[Adebayo Oyagbola · Rating 4 out of 5]

Much needed account of some of treachery and blood lust of the apartheid regime told by a brave and very principled man of letters as part of the story of his life in the law and his deeds as an anti apartheid activist.

[Marianna]

no words can describe how I wish the ethic /heart could be transplanted into the law.
in practice, the law is a sausage machine - a game at it core... and it starts with being accused -
Albie, you are magnificent few.

[Ingrid · Rating 4 out of 5]

Far from being 'a book about technical legal questions in a faraway country' this is an amazing account of a remarkable life suffused with intelligence and humanity.

[Laurence · Rating 4 out of 5]

nice to get a sense of how an ultimate arbiter thinks, and a good primer on recent south african constitutional court jurisprudence.

[Sam · Rating 5 out of 5]

Loved it! Super readable and reminded me of all of the idealistic reasons why I'm obsessed with the law.