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:
- 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:
Conflict, contradiction and crisis: an analysis of the politics of AIDS policy in post-Apartheid South Africa
- Authors: Fletcher, Haley Kim
- Date: 2009
- Subjects: AIDS (Disease) -- Political aspects -- Africa, Southern AIDS (Disease) -- Political aspects -- South Africa AIDS (Disease) -- Government policy -- South Africa Africa -- Politics and government
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2775 , http://hdl.handle.net/10962/d1002985
- Description: Despite the profound impacts of HIV and AIDS on all sectors of South African society, governmental responses to the AIDS epidemic have been inundated with contradiction, conflict and contestation. Though governmental leaders have justified not funding HIV treatment programs because they believe that poverty needs to be dealt with first, social spending has been slashed as part of an adherence to a neo-liberal economic model. Though it would seem that the government would seem to have everything to gain by establishing a cooperative relationship with non-governmental actors regarding the epidemic, the relationship between the government and non-governmental actors has instead been described as nothing short of hostile. Though the government enthusiastically backed Virodene, a supposed treatment for AIDS that turned out to be no more than an industrial solvent, other ‘scientifically backed’ AIDS treatments have been treated with caution and skepticism – to the point where the government even refused to provide funding for programs to prevent mother to child transmission of the virus. And perhaps the most perplexing is that although widely respected for his intellect and cool demeanor, former President Mbeki chose to risk his political career on the AIDS issue by shunning away from the mainstream consensus on the biomedical causes of the epidemic and instead surrounded himself and sought advice from AIDS ‘dissidents’ This thesis will seek explanations for these apparent contradictions. Using Bourdieu’s (1986) typology of capitals, it will build on an argument put forward by Helen Schneider (2002): from the South African government’s perspective, the contestation regarding HIV and AIDS policy and implementation is over symbolic capital, or the right to legitimately hold and exercise political power regarding the epidemic. Though this argument helps explain the conflictual relationship between the government and non-governmental actors regarding the AIDS crisis, in order to understand the perplexing contradictions within the governmental policy response, the political context of policy formation must first be taken into consideration.
- Full Text:
- Authors: Fletcher, Haley Kim
- Date: 2009
- Subjects: AIDS (Disease) -- Political aspects -- Africa, Southern AIDS (Disease) -- Political aspects -- South Africa AIDS (Disease) -- Government policy -- South Africa Africa -- Politics and government
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2775 , http://hdl.handle.net/10962/d1002985
- Description: Despite the profound impacts of HIV and AIDS on all sectors of South African society, governmental responses to the AIDS epidemic have been inundated with contradiction, conflict and contestation. Though governmental leaders have justified not funding HIV treatment programs because they believe that poverty needs to be dealt with first, social spending has been slashed as part of an adherence to a neo-liberal economic model. Though it would seem that the government would seem to have everything to gain by establishing a cooperative relationship with non-governmental actors regarding the epidemic, the relationship between the government and non-governmental actors has instead been described as nothing short of hostile. Though the government enthusiastically backed Virodene, a supposed treatment for AIDS that turned out to be no more than an industrial solvent, other ‘scientifically backed’ AIDS treatments have been treated with caution and skepticism – to the point where the government even refused to provide funding for programs to prevent mother to child transmission of the virus. And perhaps the most perplexing is that although widely respected for his intellect and cool demeanor, former President Mbeki chose to risk his political career on the AIDS issue by shunning away from the mainstream consensus on the biomedical causes of the epidemic and instead surrounded himself and sought advice from AIDS ‘dissidents’ This thesis will seek explanations for these apparent contradictions. Using Bourdieu’s (1986) typology of capitals, it will build on an argument put forward by Helen Schneider (2002): from the South African government’s perspective, the contestation regarding HIV and AIDS policy and implementation is over symbolic capital, or the right to legitimately hold and exercise political power regarding the epidemic. Though this argument helps explain the conflictual relationship between the government and non-governmental actors regarding the AIDS crisis, in order to understand the perplexing contradictions within the governmental policy response, the political context of policy formation must first be taken into consideration.
- Full Text:
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