Comparing and contrasting liberal, communitarian and feminist approaches to resolving tensions between customary and constitutional law: the case of polygamy in Swaziland
- Authors: Manson, Katherine Elizabeth
- Date: 2009
- Subjects: Human rights -- Swaziland Constitutional law -- Swaziland Customary law -- Swaziland Culture and law -- Swaziland Women's rights -- Swaziland Sex discrimination against women -- Swaziland Polygamy -- Swaziland Liberalism Communitarianism
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2801 , http://hdl.handle.net/10962/d1003011
- Description: Tensions between the individual rights and freedoms found in constitutional bills of rights and the traditionally prescribed social roles and positions articulated in African customary law systems have often been characterised as tensions between communitarian and liberal philosophies. In particular, the notion of gender equality, which is often a feature of the protections offered by constitutional bills of rights, is seen to be in direct opposition to the overtly patriarchal character of many African customs and traditions. This thesis looks specifically at polygamy, long and widely considered in the West to be an oppressive practice premised on the assumed inferiority of women. The analysis considers the implications of polygamy in a particular cultural context, that of the Kingdom of Swaziland, where the newly instituted constitution is often seen to be incompatible with many aspects of Swazi customary law. Here, the tension between the constitutional commitment to gender equality and the persistence of polygamy as a seemingly discriminatory cultural practice forms a lens through which to view the debate as a whole. The theoretical analysis is supplemented by empirical research sourced from local media archives and in-depth interviews conducted with twelve Swazi women, both unmarried and married in polygamous relationships. Communitarian and liberal approaches to resolving this tension are compared, contrasted and finally critiqued from a feminist standpoint. The feminist critique of both communitarianism and liberalism implies that neither ideology promises much for women and affirms the relatively recent feminist suggestion that the key to resolving tensions between constitutional and customary law in general, and to uplifting the social/legal status of women in particular lies in the enhancement of women’s democratic participation and the improvement of women’s decision-making powers.
- Full Text:
- Date Issued: 2009
- Authors: Manson, Katherine Elizabeth
- Date: 2009
- Subjects: Human rights -- Swaziland Constitutional law -- Swaziland Customary law -- Swaziland Culture and law -- Swaziland Women's rights -- Swaziland Sex discrimination against women -- Swaziland Polygamy -- Swaziland Liberalism Communitarianism
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2801 , http://hdl.handle.net/10962/d1003011
- Description: Tensions between the individual rights and freedoms found in constitutional bills of rights and the traditionally prescribed social roles and positions articulated in African customary law systems have often been characterised as tensions between communitarian and liberal philosophies. In particular, the notion of gender equality, which is often a feature of the protections offered by constitutional bills of rights, is seen to be in direct opposition to the overtly patriarchal character of many African customs and traditions. This thesis looks specifically at polygamy, long and widely considered in the West to be an oppressive practice premised on the assumed inferiority of women. The analysis considers the implications of polygamy in a particular cultural context, that of the Kingdom of Swaziland, where the newly instituted constitution is often seen to be incompatible with many aspects of Swazi customary law. Here, the tension between the constitutional commitment to gender equality and the persistence of polygamy as a seemingly discriminatory cultural practice forms a lens through which to view the debate as a whole. The theoretical analysis is supplemented by empirical research sourced from local media archives and in-depth interviews conducted with twelve Swazi women, both unmarried and married in polygamous relationships. Communitarian and liberal approaches to resolving this tension are compared, contrasted and finally critiqued from a feminist standpoint. The feminist critique of both communitarianism and liberalism implies that neither ideology promises much for women and affirms the relatively recent feminist suggestion that the key to resolving tensions between constitutional and customary law in general, and to uplifting the social/legal status of women in particular lies in the enhancement of women’s democratic participation and the improvement of women’s decision-making powers.
- Full Text:
- Date Issued: 2009
The silencing of race at Rhodes: ritual and anti-politics on a post-apartheid campus
- Authors: Goga, Safiyya
- Date: 2009
- Subjects: Democracy -- South Africa Racism -- South Africa Post-apartheid era -- South Africa College students -- South Africa -- Political activity South Africa -- Politics and government -- 20th century
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2778 , http://hdl.handle.net/10962/d1002988
- Description: Almost fifteen years after democracy, issues of 'race' still hold daily South African life firmly in its grip. Following calls from foremost South African theorists on 'race', such as Sarah Nuttall, this thesis moves beyond a study of crude 'racism', to the more complex consideration of 'race' as an embedded ideological social formation within the spatial context of Rhodes University. Using analytical concepts such as 'silencing' and 'ritual' the thesis weaves an understanding (1) of how particular powerful representations of institutional history are produced and made dominant, and (2) how seemingly innocuous performances of institutional identity are key to reproducing 'racial' dominance within Rhodes' student life. This ultimately manifests in the production of a deeply 'racialized' commonsensical understanding of the 'most' legitimate and authentic representation and ownership of institutional space. The thesis delves into dominant representations of Rhodes University'S history, considering how these help produce and reproduce 'racial' dominance through, for instance, the production of defining apolitical narratives of 'excellence'. Central to the dominant apolitical institutional history is the production of silences about the past. History, I argue, is less compelling in any revelation of 'what happened' than in illustrating the production of silences used to enable the appropriation of a particular history as the sole relevant history. The 'inheritors of the past', those who are able to lay authoritative and representative claim to it, it is argued, ultimately claim ownership over institutional space. I argue too, that the dominant practices and performances of daily institutional life (re)produce the institutional space as a space of 'racial' dominance. Ritualized performance of the dominant institutional identity produces ownership of institutional space through making some articulations of 'Rhodes identity' more acceptable, legitimate and authentic than others. The dominance of 'drinking culture' in Rhodes student life produces a particular 'racialized' institutional identity as most legitimate. 'Racial' dominance is instituted, consecrated and reproduced through the ritualistic performance of 'drinking culture', which ultimately produces a superior claim of ownership over the institutional space through the reiteration of racial domination that these performances of institutional identity powerfully symbolize.
- Full Text:
- Date Issued: 2009
- Authors: Goga, Safiyya
- Date: 2009
- Subjects: Democracy -- South Africa Racism -- South Africa Post-apartheid era -- South Africa College students -- South Africa -- Political activity South Africa -- Politics and government -- 20th century
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2778 , http://hdl.handle.net/10962/d1002988
- Description: Almost fifteen years after democracy, issues of 'race' still hold daily South African life firmly in its grip. Following calls from foremost South African theorists on 'race', such as Sarah Nuttall, this thesis moves beyond a study of crude 'racism', to the more complex consideration of 'race' as an embedded ideological social formation within the spatial context of Rhodes University. Using analytical concepts such as 'silencing' and 'ritual' the thesis weaves an understanding (1) of how particular powerful representations of institutional history are produced and made dominant, and (2) how seemingly innocuous performances of institutional identity are key to reproducing 'racial' dominance within Rhodes' student life. This ultimately manifests in the production of a deeply 'racialized' commonsensical understanding of the 'most' legitimate and authentic representation and ownership of institutional space. The thesis delves into dominant representations of Rhodes University'S history, considering how these help produce and reproduce 'racial' dominance through, for instance, the production of defining apolitical narratives of 'excellence'. Central to the dominant apolitical institutional history is the production of silences about the past. History, I argue, is less compelling in any revelation of 'what happened' than in illustrating the production of silences used to enable the appropriation of a particular history as the sole relevant history. The 'inheritors of the past', those who are able to lay authoritative and representative claim to it, it is argued, ultimately claim ownership over institutional space. I argue too, that the dominant practices and performances of daily institutional life (re)produce the institutional space as a space of 'racial' dominance. Ritualized performance of the dominant institutional identity produces ownership of institutional space through making some articulations of 'Rhodes identity' more acceptable, legitimate and authentic than others. The dominance of 'drinking culture' in Rhodes student life produces a particular 'racialized' institutional identity as most legitimate. 'Racial' dominance is instituted, consecrated and reproduced through the ritualistic performance of 'drinking culture', which ultimately produces a superior claim of ownership over the institutional space through the reiteration of racial domination that these performances of institutional identity powerfully symbolize.
- Full Text:
- Date Issued: 2009
The underreporting of sexual violence against women in the Camdeboo
- Authors: Luyt, Derek
- Date: 2008
- Subjects: Women -- Violence against -- South Africa -- Camdeboo, Plains of Abused women -- South Africa -- Camdeboo, Plains of Sexual abuse victims -- South Africa -- Camdeboo, Plains of Camdeboo, Plains of (South Africa)
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2796 , http://hdl.handle.net/10962/d1003006
- Description: This thesis examines the underreporting of sexual violence against women in the Camdeboo. It is based on a survey of 971 women living in the Camdeboo aged fifteen and older. The thesis considers, with reference to relevant secondary literature, methodological issues pertinent to conducting survey research into violence against women. While many survey researchers into violence against women argue that behaviourally specific questions lead to higher rates of disclosure, the survey on which this thesis is based employed complex and open-ended questions to allow respondents to record their own definitions of physical and sexual abuse. 31,2 percent of the women surveyed disclosed having experienced sexual abuse, but 76,7 percent did not report this abuse to the police. The thesis explores the patterns of sexual abuse of women in the Camdeboo and the factors influencing the underreporting of such abuse. While it was possible to establish correlations between certain socio-demographic variables and the underreporting of sexual abuse, such correlations should be treated with caution. The survey found that women were far more likely to report (and disclose) sexual assaults by strangers than by people known to them, particularly intimate partners. Sexual abuse in intimate relations was found to be strongly associated with physical abuse, and women who had experienced sexual and physical abuse within intimate relationships were more likely to report their physical abuse to the police than their sexual abuse. However, the majority of women, particularly poor and economically dependent women, believed that reporting their intimate partner abuse to the police would not end it, and might even place them at greater risk. The evidence suggests that these perceptions are accurate. Under current circumstances, reporting sexual abuse to the police may not be the best help-seeking strategy available to many sexually abused women, and alternative sources of help may be more appropriate. Consideration should be given to directing more resources into such alternatives.
- Full Text:
- Date Issued: 2008
- Authors: Luyt, Derek
- Date: 2008
- Subjects: Women -- Violence against -- South Africa -- Camdeboo, Plains of Abused women -- South Africa -- Camdeboo, Plains of Sexual abuse victims -- South Africa -- Camdeboo, Plains of Camdeboo, Plains of (South Africa)
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2796 , http://hdl.handle.net/10962/d1003006
- Description: This thesis examines the underreporting of sexual violence against women in the Camdeboo. It is based on a survey of 971 women living in the Camdeboo aged fifteen and older. The thesis considers, with reference to relevant secondary literature, methodological issues pertinent to conducting survey research into violence against women. While many survey researchers into violence against women argue that behaviourally specific questions lead to higher rates of disclosure, the survey on which this thesis is based employed complex and open-ended questions to allow respondents to record their own definitions of physical and sexual abuse. 31,2 percent of the women surveyed disclosed having experienced sexual abuse, but 76,7 percent did not report this abuse to the police. The thesis explores the patterns of sexual abuse of women in the Camdeboo and the factors influencing the underreporting of such abuse. While it was possible to establish correlations between certain socio-demographic variables and the underreporting of sexual abuse, such correlations should be treated with caution. The survey found that women were far more likely to report (and disclose) sexual assaults by strangers than by people known to them, particularly intimate partners. Sexual abuse in intimate relations was found to be strongly associated with physical abuse, and women who had experienced sexual and physical abuse within intimate relationships were more likely to report their physical abuse to the police than their sexual abuse. However, the majority of women, particularly poor and economically dependent women, believed that reporting their intimate partner abuse to the police would not end it, and might even place them at greater risk. The evidence suggests that these perceptions are accurate. Under current circumstances, reporting sexual abuse to the police may not be the best help-seeking strategy available to many sexually abused women, and alternative sources of help may be more appropriate. Consideration should be given to directing more resources into such alternatives.
- Full Text:
- Date Issued: 2008
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