scholarly journals The Two Lives of Sara Baartman: Gender, “Race,” Politics and the Historiography of Mis/Representation

1969 ◽  
Vol 60 (1) ◽  
pp. 337-346 ◽  
Author(s):  
Andrew P. Lyons
Keyword(s):  
South Africa ◽  
Nineteenth Century ◽  
African American ◽  
Scientific Racism ◽  
Race Politics ◽  
Pan African ◽  
The Right

The story of Sara Baartman, the so-called Hottentot Venus, who was exhibited in both London and Paris at the beginning of the nineteenth century, is part of the long narrative of scientific racism. In the years preceding and succeeding her return to South Africa from the museum in Paris where her brain and genitals were stored, her story has been told and retold countless times by anti-racist white (and predominantly male) scholars, Pan-African anti-apartheid activists, many of them feminists, African-American scholars, and scholars who claim a particular ethnic status within the Rainbow Nation. There has been much controversy concerning the right to tell Baartman's story and the images that may or may not accompany such narration. An attempt is made to explain why this is so.

We Don’t Need Another Hero

2020 ◽  
pp. 13-47
Author(s):  
Khary Oronde Polk
Keyword(s):  
Nineteenth Century ◽  
African American ◽  
Black Community ◽  
Yellow Fever ◽  
Media Coverage ◽  
African American Male ◽  
Tropical Diseases ◽  
Scientific Racism ◽  
Black Soldiers ◽  
The Sacrifice

This chapter considers the 2017 death of Sgt. La David Johnson in Niger as an example of Mbembe’s necropolitics, and argues that the racist media coverage it received drew its power from nineteenth century discourses of Black inferiority. These arguments were premised upon scientific racism, and held that enslaved Blacks were biologically immune to diseases like yellow fever. The belief that Blacks were immune to tropical diseases continued throughout the Spanish-Cuban-American War of 1898, where African American male volunteers were inducted into Immune Regiments in order to perform grunt labor in battlefields beset by fever. Black leaders like Booker T. Washington strategically used the sacrifice of African American troops in the conflict to claim political immunity for the larger Black community, yet the gravesites of Black soldiers in Santiago belied the fact that honoring the American fallen was a deeply racialized affair.

THE IDEA OF «COMMUNITY» IN THE GOVERNMENT CONCEPTS OF GALICIA OF THE XIX – BEGINNING OF THE XX CENTURY

2019 ◽  
pp. 15-21
Author(s):  
Liubomyr Ilyn
Keyword(s):  
Nineteenth Century ◽  
19Th Century ◽  
Practical Significance ◽  
Distinctive Features ◽  
Legal Studies ◽  
Legal Principle ◽  
General Scientific ◽  
The Government ◽  
The Right ◽  
The 19Th Century

Purpose. The purpose of the article is to analyze and systematize the views of social and political thinkers of Galicia in the 19th - beginning of the 20th centuries. on the right and manner of organizing a nation-state as a cathedral. Method. The methodology includes a set of general scientific, special legal, special historical and philosophical methods of scientific knowledge, as well as the principles of objectivity, historicism, systematic and comprehensive. The problem-chronological approach made it possible to identify the main stages of the evolution of the content of the idea of catholicity in Galicia's legal thought of the 19th century. Results. It is established that the idea of catholicity, which was borrowed from church terminology, during the nineteenth century. acquired clear legal and philosophical features that turned it into an effective principle of achieving state unity and integrity. For the Ukrainian statesmen of the 19th century. the idea of catholicity became fundamental in view of the separation of Ukrainians between the Russian and Austro-Hungarian empires. The idea of unity of Ukrainians of Galicia and the Dnieper region, formulated for the first time by the members of the Russian Trinity, underwent a long evolution and received theoretical reflection in the work of Bachynsky's «Ukraine irredenta». It is established that catholicity should be understood as a legal principle, according to which decisions are made in dialogue, by consensus, and thus able to satisfy the absolute majority of citizens of the state. For Galician Ukrainians, the principle of unity in the nineteenth century. implemented through the prism of «state» and «international» approaches. Scientific novelty. The main stages of formation and development of the idea of catholicity in the views of social and political figures of Halychyna of the XIX – beginning of the XX centuries are highlighted in the work. and highlighting the distinctive features of «national statehood» that they promoted and understood as possible in the process of unification of Ukrainian lands into one state. Practical significance. The results of the study can be used in further historical and legal studies, preparation of special courses.

Humanitarianism, Human Rights and Biopolitics in the British Empire, 1890–1902

2016 ◽  
Vol 9 (1) ◽  
pp. 96-115 ◽  
Author(s):  
Anna Clark
Keyword(s):  
South Africa ◽  
Nineteenth Century ◽  
Human Rights ◽  
British Empire ◽  
Concentration Camps ◽  
Boer War ◽  
Personal Rights

The 1890s were a key time for debates about imperial humanitarianism and human rights in India and South Africa. This article first argues that claims of humanitarianism can be understood as biopolitics when they involved the management and disciplining of populations. This article examines the historiography that analyses British efforts to contain the Bombay plague in 1897 and the Boer War concentration camps as forms of discipline extending control over colonized subjects. Secondly, human rights language could be used to oppose biopolitical management. While scholars have criticized liberal human rights language for its universalism, this article argues that nineteenth-century liberals did not believe that rights were universal; they had to be earned. It was radical activists who drew on notions of universal rights to oppose imperial intervention and criticize the camps in India and South Africa. These activists included two groups: the Personal Rights Association and the Humanitarian League; and the individuals Josephine Butler, Sol Plaatje, Narayan Meghaji Lokhande, and Bal Gandadhar Tilak. However, these critics also debated amongst themselves how far human rights should extend.

THE STATE OF OPEN ACCESS ADOPTION IN LEGAL SCHOLARLY COMMUNICATION: AN ANALYSIS OF SELECTED OPEN ACCESS RESOURCES

Mousaion ◽  
2016 ◽  
Vol 34 (1) ◽  
pp. 83-100
Author(s):  
Solomon Bopape
Keyword(s):  
South Africa ◽  
Open Access ◽  
Open Access Publishing ◽  
The Internet ◽  
Free Access ◽  
Access To Information ◽  
Legal Information ◽  
Scholarly Literature ◽  
Open Access Resources ◽  
The Right

The study of law focuses, among other aspects, on important issues relating to equality, fairness and justice in as far as free access to information and knowledgeis concerned. The launching of the Open Access to Law Movement in 1992, the promulgation of the Durham Statement on Open Access to Legal Scholarshipin 2009, and the formation of national and regional Legal Information Institutes (LIIs) should serve as an indication of how well the legal world is committed to freely publishing and distributing legal information and knowledge through the Internet to legal practitioners, legal scholars and the public at large aroundthe world. In order to establish the amount of legal scholarly content which is accessible through open access publishing innovations and initiatives, this studyanalysed the contents of websites for selected open access resources on the Internet internationally and in South Africa. The results of the study showed that there has been a steady developing trend towards the adoption of open access for legal scholarly literature internationally, while in South Africa legal scholarly literature is under the control of commercial publishers. This should be an issue for the legal scholarship which, among its focus, is to impart knowledge about the right of access to information and knowledge.

Victim Participation in Parole Proceedings in South Africa

2019 ◽  
Vol 34 (1) ◽  
Author(s):  
Jamil Mujuzi
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
South African ◽  
Justice System ◽  
Criminal Procedure ◽  
Prison Inmate ◽  
Parole Board ◽  
Victims Of Crime ◽  
The Right

South African law provides for circumstances in which victims of crime may participate in the criminal justice system at the investigation, prosecution (trial), sentencing and parole stages. In South Africa, a prison inmate has no right to parole although the courts have held that they have a right to be considered for parole. In some cases, the victims of crime have a right to make submissions to the Parole Board about whether the offender should be released on parole. Section 299A of the Criminal Procedure Act 51 of 1977 provides for the right of victims of crime to participate in parole proceedings. The purpose of this article is to discuss section 299A and illustrate ways in which victims of crime participate in the parole process. The author also recommends ways in which victims’ rights in section 299A of the Criminal Procedure Act could be strengthened.

VIRGINITY TESTING PRACTICES: THE BEST OF BOTH WORLDS

2016 ◽  
Vol 26 (1) ◽  
Author(s):  
Sheila Mokoboto-Zwane
Keyword(s):  
South Africa ◽  
Cultural Beliefs ◽  
Cultural Practice ◽  
Bodily Integrity ◽  
Sexually Transmitted ◽  
Young Females ◽  
Unwanted Pregnancies ◽  
The Right ◽  
Democratic Elections ◽  
Virginity Testing

Controversy continues to surround the age-old practice of virginity testing, which in South Africa made a visible comeback around the time of the country’s first democratic elections when most South Africans began to feel free to practise their cultural beliefs without fear. It coincided with the period when the HIV pandemic began to take hold. It is practised mainly in some countries of Asia and Africa, and in South Africa it is practised mainly amongst amaZulu. It is believed that this practice prevents unwanted pregnancies and sexually transmitted diseases (STDs), especially HIV/AIDS, as well as engendering a sense of pride in teenage and young females, in particular. However, some individuals, organisations and sectors of the community frown upon the practice because it violates constitutional laws that protect the right to equality, privacy, bodily integrity and sexual autonomy. The purpose of this article is to present current discourse on the cultural practice of virginity testing and the controversies surrounding this discourse. This article draws its arguments from the existing literature on virginity testing.

Fulfilling the Right to Food for South Africa: Justice, Security, Sovereignty and the Politics of Malnutrition

2020 ◽  
Vol 11 (3) ◽  
pp. 112-152
Author(s):  
Busiso Helard Moyo ◽  
Anne Marie Thompson Thow
Keyword(s):  
South Africa ◽  
Food Systems ◽  
Food System ◽  
Food Sovereignty ◽  
Food Justice ◽  
System Transformation ◽  
Right To Food ◽  
Economic Rights ◽  
The Individual ◽  
The Right

Despite South Africa’s celebrated constitutional commitments that have expanded and deepened South Africa’s commitment to realise socio-economic rights, limited progress in implementing right to food policies stands to compromise the country’s developmental path. If not a deliberate policy choice, the persistence of hunger, food insecurity and malnutrition in all its forms is a deep policy failure.  Food system transformation in South Africa requires addressing wider issues of who controls the food supply, thus influencing the food chain and the food choices of the individual and communities. This paper examines three global rights-based paradigms – ‘food justice’, ‘food security’ and ‘food sovereignty’ – that inform activism on the right to food globally and their relevance to food system change in South Africa; for both fulfilling the right to food and addressing all forms of malnutrition. We conclude that the emerging concept of food sovereignty has important yet largely unexplored possibilities for democratically managing food systems for better health outcomes.

The Case for Muslim Constitutional Interpretive Activity

1990 ◽  
Vol 7 (1) ◽  
pp. 69-75
Author(s):  
Kathleen Moore
Keyword(s):  
African American ◽  
Substantial Contribution ◽  
Constitutional Rights ◽  
Religious Groups ◽  
Racial Hatred ◽  
Special Diet ◽  
Court Record ◽  
Religious Associations ◽  
Islamic Faith ◽  
The Right

Muslim Involvement: The Court Record 1.Prisoners' RightsCan we rely upon the courts to protect Islam and Muslims from discriminatory treatment? Have the courts considered Islam to be a 'religion' worthy of constitutional protection? The issue of First Amendment protection of Muslim beliefs and practices has arisen most often in cases brought by African-American Muslims who are incarcerated. In fact, the area of law to which Muslims have made their most substantial contribution to date is the area of prisoners' rights litigation. African-American Muslim inmates have been responsible for establishing prisoners' constitutional rights to worship. Cases brought by Muslims have established that prisoners have the right to assemble for religious services; to consult a cleric of their faith; to possess religious publications and to subscribe to religious literature; to wear unobstrusive religious symbols such as medallions; to have prepared a special diet required by their religion; and to correspond with their spiritual leaders. The court record demonstrates that Muslim inmates' religious liberty claims, challenging prison regulations that impinge on the free exercise of the Islamic faith, have been accepted only under certain circumstances. In brief, the responsiveness of the courts to Muslim inmates' claims has turned on a number of factors including: (1) the issue of equality of treatment of all religious groups in prison; (2) the courts' reticence to reverse the decisions of prison officials; (3) the degree to which the inmates' challenges would undermine the fundamental interests of the state (e.g. in prison security and administrative efficiency); and (4) the showing that Islam is parallel in significant ways to the conventional Protestant, Catholic, and Jewish faiths.Constitutional protection of Islamic practices in prison and elsewhere, however, has not been automatic. Many Muslim organizations, the Nation of Islam in particular, have been treated as cults, or suspect and dangerous groups, due in part to the perception that Muslims teach racial hatred, and have not been regarded in the same respect as 'mainline' religious groups. It has been argued before the courts that Muslim doctrine contains political aspirations and economic goals as well as racial prejudice and should be suppressed in the interest of society. The gist of this argument is that certain Muslim groups are primarily political and not religious associations and thus ...

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