One of the key theoretical debates over the role of law in society is under what conditions and how does law shape political domination or resistance. The variables that may affect the influence of legality on political conflict are many and must take into account historical, cultural, moral, economic, social, and ideological forces as well as political forces. There exists little empirical research that adequately addresses the issue, in part because to do so requires a setting where the political and legal frameworks are unstable. This study will explore the circumstances under which legality does or does not shape domination and resistance in South Africa, and, when it does, the nature and consequences of that influence. In the struggle against apartheid, law has been a central battleground between the South African regime and its opponents. Drawing hypotheses from social science and social theory, Dr. Abel will examine the circumstances under which each party chooses or avoids legal norms and institutions and will analyze the consequences of those choices for the transformation of the dispute and its ultimate outcome. Discrete cases will be studied in different substantive areas where either the state or the anti-apartheid movement either uses or avoids law. Data will be drawn from lawyers' files and in-depth interviews with lawyers, parties, and judges. This research promises to be pathbreaking in advancing our understanding of the role of law in political conflict and political movements in general and on the role of law in South Africa in particular. The field research in South Africa will provide an opportunity to learn about a crucial issue in a society whose transitional condition affords the ideal setting for such an analysis. Both parties to the struggle recognize that the role of law will profoundly shape the nature of legality in post-apartheid South Africa. The study will present a creative framework that will elucidate the conditions and substantive legal areas in which the state or opposition avoids or opts for law. Thus, this research will chart the course for much subsequent work on this topic in the future.
