Acta juridica (Cape Town, South Africa)最新文献

{"title":"The Reform of Customary Law of Succession Act in contemporary South Africa","authors":"Fatima Osman","doi":"10.47348/acta/2023/a8","DOIUrl":"https://doi.org/10.47348/acta/2023/a8","url":null,"abstract":"Historically, the customary law of intestate succession was a flexible system of law that prioritised the well-being of the family. The law was distorted during the colonial and apartheid eras to focus on the individual inheritance of property. In 2010, the South African legislature passed the Reform of Customary Law of Succession and Regulation of Related Matters Act 11 of 2009 – which applies the Intestate Succession Act 81 of 1987 – to regulate the devolution of estates of individuals who live according to customary law and die intestate. This article examines whether the current framework adequately addresses the needs of contemporary South African society. It argues that the prioritisation of the nuclear family for inheritance may be out of sync with the myriad ways in which families are formed and that the Master of the High Court should be given a discretion in the distribution of an estate. This will undoubtedly result in uncertainty but may ameliorate some of the shortcomings of a fixed, rules-based system of inheritance that does not reflect contemporary society. Tshivenḓa: Ḓivhanizwakale, mulayo wa mbingano ya tshirema wa uri muthu a lovha ndaka yawe i ḓo kovhiwa vhukati ha mufumakadzi, vhana, vhabebi na vharathu wo vha u sisiṱeme ya vhutepe ya mulayo une wa vhea phanḓa mutakalo na mvelaphanḓa ya muṱa. Mulayo wo khakhiswa nga tshifhinga tsha koloni na tsha khethululo u itela u sedzesa kha vhuḽaifa ha ndaka ha muthu muthihi. Nga 2010, vhusimamilayo ha Afurika Tshipembe ho phasisa Mulayo wa Khakhululo ya Mulayo wa Mbingano ya Tshirema wa Vhuḽaifa na Ndaulo ya Mafhungo a re na Vhushaka nazwo wa 11 wa 2009 – une wa shumisa Mulayo wa u Kovha Ndaka Vhukati ha Vhaḽaifa wa 81 wa 1987 – u laula u fhiriselwa ha ndaka ya vhathu vho lovhaho vhane vha tshila u ya nga mulayo wa mbingano ya tshirema vha lovha vha so ngo sia wiḽi. Athikili iyi i ṱola arali muhanga wa musalauno u tshi dzudzanya zwavhuḓi ṱhoḓea dza tshitshavha tsha MaAfurika Tshipembe tsha musalauno. U ṱaṱa uri u vhewa phanḓa ha tshigwada tsha muṱa u itela u vhuḽaifa a zwi tsha tendelana na nḓila dzine zwigwada zwa miṱa zwa vhumbwa ngayo na uri Ṱhoho ya Khothe ya Nṱha u fanela u ṋewa maanḓa a u dzhia tsheo kha u kovha ndaka ya mufu. Izwi zwi hu si na u timatima zwi ḓo ḓisa u sa vha na vhuṱanzi fhedzi zwi nga ḓisa u fushea kha zwiṅwe zwa vhukolikoli ha sisiṱeme yo vhewaho, yo ḓisendekaho kha milayo ya vhuḽaifa vhune ha si bvisele khagala tshitshavha tsha musalauno.","PeriodicalId":90407,"journal":{"name":"Acta juridica (Cape Town, South Africa)","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136307398","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Covington smile: Norms and forms of violence in the age of the White Awakening","authors":"P. Salazar","doi":"10.47348/acta/2022/a9","DOIUrl":"https://doi.org/10.47348/acta/2022/a9","url":null,"abstract":"This essay is a detailed study of an event that took place in January 2019 in Washington DC on the steps of the Lincoln Memorial. It was a confrontation between Catholic schoolboys returning from a March for Life and mainly Native Americans led by an Omaha elder. The ‘faceoff’ between the two central protagonists, Nicholas Sandmann and Nathan Phillips, went viral as the embodiment and enactment of white racism. It occasioned massive lawsuits for defamation against major media corporations. By applying critical rhetoric, this essay intends to show that repressed forms and norms of rites, sacrifice and religious artefacts were re-activated and performed anew during this encounter.","PeriodicalId":90407,"journal":{"name":"Acta juridica (Cape Town, South Africa)","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70820415","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The ongoing necessity of suffrage rhetorics (or ‘suffragism’): On the centennial of the Nineteenth Amendment to the US Constitution","authors":"C. Glenn, J. Enoch","doi":"10.47348/acta/2022/a8","DOIUrl":"https://doi.org/10.47348/acta/2022/a8","url":null,"abstract":"This contribution analyses feminist scholarship on women’s suffrage – women’s fight for the right to vote in the United States. The 100-year anniversary of the passing of the 19th Amendment – the suffrage amendment – serves as exigence for considering how feminist scholarship dedicated to suffrage addresses our contemporary contexts and concerns. To that end, we bring together scholarship that troubles dominant white suffrage narratives in order to amplify the rhetorics of suffragists of colour, that engages the racism that inflected the suffrage movement, that explores possibilities for coalitions and alliances, and that continues to consider how suffrage rhetorics, at the turn of the twentieth century, might connect to and inform restrictions on voting rights for people living various intersectional realities in the twenty-first century.","PeriodicalId":90407,"journal":{"name":"Acta juridica (Cape Town, South Africa)","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70820804","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The self-image of intelligence agents in an archive of state repression in Argentina","authors":"M. Vitale","doi":"10.47348/acta/2022/a4","DOIUrl":"https://doi.org/10.47348/acta/2022/a4","url":null,"abstract":"This article examines, from a rhetorical-discursive perspective, the self-image or ethos of intelligence agents in an archive of state repression in Argentina. The archive, which has been open to the public since 2009, once belonged to the Information Service of the North Atlantic Naval Prefecture (SIPNA). The article describes some of the problems related to opening this type of archive, such as disagreements about its current purpose and the historical actors and memory processes involved. It then describes two of the predominant self-images that characterise the intelligence agents who compiled it: that of repressors and that of political experts or analysts. The corpus is composed of documents produced on the occasion of the visit of the Inter-American Commission on Human Rights (IACHR) to Argentina in 1979. This visit was in response to international complaints about human rights violations by the military government of the time.","PeriodicalId":90407,"journal":{"name":"Acta juridica (Cape Town, South Africa)","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70820689","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Messianic hopes at the moral carnival – The [rhetorical] question of advocating for the humanities, for now","authors":"Erik Doxtader","doi":"10.47348/acta/2022/a1","DOIUrl":"https://doi.org/10.47348/acta/2022/a1","url":null,"abstract":"Why must the humanities be defended? What is to be said in their name? This inquiry does not seek to make a case for the humanities. It is rather concerned with what happens in contemporary advocacy that contends for the value of the humanities, the myriad arguments that take on the responsibility of speaking for the humanities and expressing the good for which the humanities are thought responsible. In all of this work, in so many efforts to argue the humanities, what remains uncomprehended, and indeed what is regularly set aside as simply incomprehensible, is the work of rhetorical-argument itself, the contingent conditions, dynamics and power of a response, the response-ability on which a comprehension of the humanities may yet depend.","PeriodicalId":90407,"journal":{"name":"Acta juridica (Cape Town, South Africa)","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70820512","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Piercing incomprehensible power","authors":"R. Nethersole","doi":"10.47348/acta/2022/a10","DOIUrl":"https://doi.org/10.47348/acta/2022/a10","url":null,"abstract":"Demonstrating the inherent indiscernibility of political power, particularly in our post-tellurian, celestial epoch (Schmitt) of ‘postdemocracy’ (Ranciere), a focus on spaces and sites of power – in its dual characteristic of dominating, controlling as well as enabling force – illuminates historic changes that produced today’s technologically and pecuniary propelled ‘governance’ (Morozov). Dispensed by idola of the ‘marketplace and the theatre’ (Bacon) coursing through cyberspace, the muted demos is coaxed into accepting Silicon Valley’s promise of utopia unless forensic rhetoric pierces the broken connection between having power and exercising it deliberatively. That depends on the extent to which concealed places of power can be made comprehensible for the demos to withstand celestial seduction and regain her politically informed voice.","PeriodicalId":90407,"journal":{"name":"Acta juridica (Cape Town, South Africa)","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70820547","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"South African Amnesty 2.0: Incomprehensible?","authors":"Klaus Kotzé","doi":"10.47348/acta/2022/a5","DOIUrl":"https://doi.org/10.47348/acta/2022/a5","url":null,"abstract":"The South African democracy faces a crisis of legitimacy and identity that locks it into a state of inertia. The state is proving unable to critically advance the constitutional ends of transformative democracy. It lacks the strategic concepts and arguments to do so and has subsequently become embroiled in an existential battle for the soul of the country. As a critical contribution, this essay evokes the need for politically expedient approaches and arguments. It reflects on the past, on the methodologies employed to bring about the unitary, democratic state, and on the need to look at purposeful, albeit incomprehensible, strategies that will allow transcendence beyond the current impasse. By and large, South Africa sets an example. It is a laboratory for democracy, and for that very reason, much like Athens, it will long remain an oddity, not only in Africa (as the Afro pessimists’ simplistic litany would like to have us believe) but also in global politics. South Africa is a test case for global democracy; it is a test case for rhetoric; and it is a test case for the relevance of rhetoric studies in a postmodern democracy.","PeriodicalId":90407,"journal":{"name":"Acta juridica (Cape Town, South Africa)","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70820838","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Hic sunt leones reloaded: Elements for a critique of disciplinary self-(af)filiation within professional white philosophy in South Africa","authors":"Sergio Alloggio","doi":"10.47348/acta/2022/a7","DOIUrl":"https://doi.org/10.47348/acta/2022/a7","url":null,"abstract":"The recent institutional consolidation of feminist philosophy, African and Africana philosophies, sociology of knowledge and decolonial theory have brought professional philosophers face-to-face with the repressed side of Western philosophy. This essay, drawing on the theoretical framework developed in my previous article ‘Hic sunt leones’, investigates the role played by professional narcissism and resistance to history in the philosopher’s self-image and imaginary, with a particular focus on professional white philosophy in South Africa. The pedagogical aspects of philosophical apprenticeship will be examined psychoanalytically, and explored in their transferential components. Such a psychoanalytic reading will also engage with current conflicts within the South African philosophical field, promoting a shared space for negotiations. However, without adequate introjection of, and progressive identification with, African philosophers and their work, professional white philosophers in South Africa run the twofold risk of replicating regressive forms of disciplinary parenthood while institutionalising neocolonial forms of academic (af)filiations.","PeriodicalId":90407,"journal":{"name":"Acta juridica (Cape Town, South Africa)","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70820728","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"For Philippe: Sharing questions of unintelligibility, security and diversity — from Babel to Pentecost","authors":"Dominique de Courcelles","doi":"10.47348/acta/2022/a11","DOIUrl":"https://doi.org/10.47348/acta/2022/a11","url":null,"abstract":"And the whole earth was of one language, and of one speech. And it came to pass, as they journeyed east, that they found a plain in the land of Shinar; and they dwelt there. And they said one to another, Go to, let us make brick, and burn them thoroughly. And they had brick for stone, and slime had they for mortar. And they said, Go to, let us build us a city and a tower, whose top may reach unto heaven; and let us make us a name, lest we be scattered abroad upon the face of the whole earth. And the LORD came down to see the city and the tower, which the children of men builded. And the LORD said, Behold, the people is one, and they have all one language; and this they begin to do: and now nothing will be restrained from them, which they have imagined to do. Go to, let us go down, and there confound their language that they may not understand one another’s language. So the LORD scattered them abroad from thence upon the face of the earth: and they left off to build the city. Therefore is the name of it called Babel; because the LORD did there confound the language of all the earth: and from thence did the LORD scatter them abroad upon the face of all the earth. (Genesis 11, 1–9).","PeriodicalId":90407,"journal":{"name":"Acta juridica (Cape Town, South Africa)","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70820573","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"On some ‘long-forgotten propositions’: Reflections on the ‘Epilogue’ to Arendt’s Eichmann in Jerusalem","authors":"Claudia Hilb","doi":"10.47348/acta/2022/a2","DOIUrl":"https://doi.org/10.47348/acta/2022/a2","url":null,"abstract":"This contribution focuses on the last pages of the Epilogue of Eichmann in Jerusalem by Hannah Arendt, but it concerns a question that runs through Arendt’s work practically in its entirety, which can be put as follows: How can we judge when we can no longer rely on the certainties of tradition, when – with the emergence of totalitarianism – the categories and concepts with which we used to judge no longer help us to account for the horrifying reality of crimes of an unknown nature and of criminals who do not comply with the notion of criminals that we used to consider? The text aims to dwell on these somewhat strange final pages of Arendt’s chronicle of Eichmann’s trial to try to see how they nourish our reflection on how to confront an unknown evil of a new kind.","PeriodicalId":90407,"journal":{"name":"Acta juridica (Cape Town, South Africa)","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70820606","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}