‘The law that says/Constricts the breath-line (…)’ South African English Language Poetry Written by Africans in the 1970s

1985 ◽  
Vol 3 (1) ◽  
pp. 25-49 ◽  
Author(s):  
Jeremy Cronin
Keyword(s):  
South African ◽  
English Language ◽  
Language Poetry ◽  
The Law

South African Animal Legislation and Marxist Philosophy of Law

Cultura ◽  
2019 ◽  
Vol 16 (1) ◽  
pp. 23-28
Author(s):  
Luis CORDEIRO-RODRIGUES
Keyword(s):  
South Africa ◽  
South African ◽  
Social Reality ◽  
Marxist Philosophy ◽  
Philosophy Of Law ◽  
Berlin Wall ◽  
Animal Farming ◽  
Animal Law ◽  
The Law ◽  
Farming Industry

Marxist Philosophy as an explanation of social reality has, since the fall of the Berlin Wall, been largely neglected. However, some philosophers have contended that it may still be relevant to explain today’s social reality. In this article, I wish to demonstrate precisely that Marxist philosophy can be relevant to understand social reality. To carry out this task, I show that Marxist philosophy of law can offer a sound explanation of Animal law in South Africa. My argument is that South African law is a superstructure that reinforces the power of the animal farming industry in South Africa. That is, the hidden purpose of the law is to benefit the industry. In order to argue for this, I present two sets of arguments. The first set argues that the law facilitates the functioning of the animal farming industry. In the second set of arguments I contend that the law socialises individuals into approving the methods of slaughtering by the animal farming industry.

scholarly journals The Danger for an Underestimation of Necessary Precautions for the Admissibility of Admissions in Section 219A of the South African Criminal Procedure Act 51 of 1977

2019 ◽  
Vol 31 (1) ◽  
pp. 81-120
Author(s):  
’Mampolokeng ’Mathuso Mary-Elizabet Monyakane
Keyword(s):  
South African ◽  
Criminal Procedure ◽  
Prima Facie ◽  
The South ◽  
Simple View ◽  
The Law ◽  
Criminal Matters ◽  
Law Of Evidence

AbstractThe Prima facie view regarding the admissibility of admissions, as evidence, in criminal matters is that, to admit admissions as evidence, the court requires a single consideration as to whether the admission was made freely and voluntarily. Without too much ado, the simple view to this understanding presupposes that admission of an admission as evidence against its maker is of a lesser danger compared to the admission of a confession. The admissibility of confessions against their makers does not come as easily as that of admissions. There are many prescribed requirements to satisfy before confessions are admitted as evidence. This comparison has led to a questionable conclusion that requirements for the admissibility of admissions are of a less complexity equated to the requirements for the admission of confessions. This paper answers the question whether an inference that the requirements for the admissibility of admissions are of a less complexity compared to the requirements for the admission of confessions is rational? It equates this approach to the now done away with commonwealth states rigid differentiation perspective. In the 1800s the commonwealth states, especially those vowing on the Wigmorian perspective on the law of evidence, developed from a rigid interpretation of confessions and admissions and adopted a relaxed and wide definitions of the word, “confession.” To this extent there was a relaxed divide between confessions and admissions hence their common classification and application of similar cautionary rules. The article recounts admissibility requirement in section 219A of the South African Criminal Procedure Act 51 of 1977 (CPA) (Hereinafter CPA). It then analyses Section 219A of the CPA requirement in the light of the rationale encompassing precautions for the admission of confessions in terms of 217(1) of the CPA. It exposes the similarities of potential prejudices where confessions and admissions are admitted as evidence. It reckons that by the adherence to this rigid differentiation perspectives of confessions and admissions which used to be the practice in the commonwealth prior the 1800s developments, South African law of evidence remains prejudicial to accused persons. To do away with these prejudices this article, recommends that section 219A be amended to include additional admissibility requirements in section 217(1). In effect it recommends the merging of sections 217(1) and 219A of the CPA.

The putative addressee in the persuasion of diplomatic discourse: China’s communication efforts through South African English-language newspapers

2021 ◽  
pp. 175048132110020
Author(s):  
Liping Tang
Keyword(s):  
South African ◽  
English Language ◽  
World Order ◽  
Xi Jinping ◽  
Discursive Strategy ◽  
Contemporary Chinese

This article explores the putative addressee in the persuasion of diplomatic discourse by adopting White’s recent proposals as to putative reader/addressee positioning to specifically examine China’s communication efforts through South African English-language newspapers in the Xi Jinping era. Likemindedness is found to be predominantly construed, meticulously balanced with relative frequent construal of uncommittedness and very rare construal of un-likemindedness. And a set of 12 interrelated discourses are identified as fundamental ideological tenets in legitimating China’s African engagement and its vision of world order. Findings show that the classical political discursive strategy of Us/Them polarization is typically deployed. The analysis and discussion illustrates how White’s proposed framework can be systematically applied to offer new lines of analysis of persuasion and shed some light on understanding contemporary Chinese diplomatic discourse.

Legal Principles, Constitutional Principles, and Judicial Review

2019 ◽  
Vol 67 (4) ◽  
pp. 899-930
Author(s):  
Han-Ru Zhou
Keyword(s):  
Judicial Review ◽  
English Language ◽  
Common Law ◽  
Legal Discourse ◽  
Significant Degree ◽  
Clear Cut ◽  
Logical Connection ◽  
Select Group ◽  
The Law ◽  
Anglo American

Abstract Principles form part and parcel of our law and legal discourse, so much so that we seldom think of what they are and what they entail. For centuries they have been invoked daily to interpret and argue about the law. But when it comes to matters of constitutional law, principles are further called upon to perform a perennially controversial function: to help police the boundaries of state action. In most common law jurisdictions with a written constitution, this function of principles runs against the generally accepted view that the exercise of judicial review must ultimately be governed and restricted by the terms of the national constitution. This Article argues that the exercise of judicial review based on principles is not confined to that view, once the relationship between principles and the constitution is unpacked and recontextualized. While the English-language literature on principles over the past half-century has been dominated by a select group of Anglo-American scholars, there is a wealth of untapped insights from other parts of the world. One of the major contributions by continental legal theorists even predates the earliest modern Anglo-American writings on the subject by more than a decade. Overall, the law literature in common law and civil law systems reveals a significant degree of commonalities in the basic characters of principles despite the absence of initial evidence of transsystemic borrowings. The wider conceptual inquiry also displays a shift in the focus of the debate, from the protracted search for a clear-cut distinction between rules and principles towards a redefinition of principles’ relationship with “written” law, be it in the form of a civil code or a constitutional instrument. From this inquiry reemerge “unwritten” principles not deriving from codified or legislated law although they have been used to develop the law. Translated into the constitutional domain, these unwritten principles bear no logical connection with the terms of the constitution. Their main functions cover the entire spectrum from serving as interpretive aids to making law by filling gaps. The theoretical framework fits with an ongoing four-century-old narrative of the evolution of constitutional principles and judicial review across most common law-based systems. Constitutional principles are another area where Anglo-American law and legal discourse is less exceptional and more universal than what many assume. Throughout modern Western history, legal battles have been fought and ensuing developments have been made on the grounds of principles. Our law and jurisprudence remain based on them.

The benefits and disadvantages of the law on the expansion of the jurisdiction of the DIFC Court

2018 ◽  
Vol 60 (2) ◽  
pp. 221-232
Author(s):  
Tareq Na’el Al-Tawil ◽  
Prabhakar Gantasala ◽  
Hassan Younies
Keyword(s):  
English Language ◽  
Geographical Area ◽  
Legal Framework ◽  
Negative Consequences ◽  
Content Type ◽  
Limited Volume ◽  
Financial Centre ◽  
The World ◽  
Long Time ◽  
The Law

Purpose This paper aims to discuss the benefits and disadvantages of the law on the expansion of the jurisdiction of the Dubai International Financial Centre (DIFC) Court. The major role of DIFC Courts in the Arab community is to handle cases related to commerce and business. For a long time, the court had been acting only in their geographical area until a new law was enacted to extend their jurisdiction all over the world. Afterward, a lot of criticism emerged as for why and how the court will benefit from such actions. The law has drawn a harsh response, although most benefits have also been experienced since the court received quite a large number of new signings. Interaction at the world business forum has benefited the economy of Dubai thanks to the law. Design/methodology/approach The following study focuses on a description of such benefits and drawbacks. The study does not evaluate a factual process of expansion but indicates the most distinct evidence of positive, as well as negative consequences of the expansion. Findings It is appropriate to make a general comment on the fact that the expansion of DIFC Court is not sufficiently effective at the current stage. Needless to say, it contains numerous positive aspects, but the gaps are evidently essential because they place the entire Court in a hard circumstance. The Court does not have a well-developed legal framework for its new area of jurisdiction as long as its limited volume of prior precedent is a distinct sign of the Court’s dependence on the UAE’s Law. In such way, DIFC Court will not be able to address issues within new fields of jurisdiction, as it simply lacks an expertise and international law in its legal framework. Moreover, the jurisdiction over new areas of international business was not verified with a plain system of mediation, which is why a current expansion of DIFC Court has to be recognized as redundant. However, its advantages are tending to produce their effects provided that the Court manages to address its current problems. Originality/value The study has described the basic benefits and drawbacks of DIFC Court expansion. To speak about the main benefits, they can be depicted as appliance of the common law, unification of English language for proceedings, presence of a preliminary arbitration and guarantees of award enforcement. In a similar way, the drawbacks of the expansion have been issued. The study has identified such drawbacks as lack of international and sophisticated expertise, untested legal framework, strong influence of forum non conveniens, and existence of a limited volume of prior precedent. The paper has not assessed a success of a factual expansion of DIFC Court jurisdiction, but it has managed to fulfill its primary purpose. Thus, the paper has identified a certain tendency concerning the expansion.

“When in Doubt, Leave Out”:1 The Country Editor Who Declined to Publish a Long Letter from Olive Schreiner

2021 ◽  
Vol 47 (2) ◽  
pp. 41-58
Author(s):  
Paul Walters ◽  
Jeremy Fogg
Keyword(s):  
South African ◽  
English Language ◽  
Historical Research ◽  
Olive Schreiner ◽  
The South ◽  
Editorial Policies ◽  
South African War

The authors deal with six unpublished communications from Olive Schreiner to James Butler, Editor of the Cradock newspaper The Midland News and Karroo farmer between March 1893 and October 1905, as well as a reply from Butler to Schreiner. These documents are housed in the Cory Library for Historical Research at Rhodes University. Transcriptions by J. Fogg are appended. The heart of the article deals with Butler’s refusal to publish Schreiner’s “letter to the Women of Somerset East” which she had sent as a contribution to the protest meeting held in Somerset East on 12 October 1900 to mark the first anniversary of the declaration of the South African War. Keywords: Unpublished Schreiner Letters, South African War, Women’s Meeting Somerset East 12 October 1900, editorial policies, Cecil  Rhodes’s control of the South African English language Press.

From Hard-Copy to Digital Law via “Illustrated Courtrooms”: Visualising the History of Legal English

Pólemos ◽  
2017 ◽  
Vol 11 (1) ◽  
Author(s):  
Matteo Nicolini
Keyword(s):  
English Language ◽  
Body Politic ◽  
The Body ◽  
Hard Copy ◽  
Legal Language ◽  
History Of ◽  
Judicial Proceedings ◽  
Three Stages ◽  
The Law ◽  
Digital Law

Abstract This essay addresses different patterns of the visualisation of the law. It examines how scholars attempt to depict, represent, and perform the law and its founding authority. It also focuses on the pragmatics of legal language: written and spoken standard legal English are pragmatically enriched within contexts where the law is interpreted, uttered, or performed. The linguistic notion of “context” discloses the interrelations between the agendas of law and power and reveals how the law conveys its content to the body politic as its ultimate addressee. It then proposes a renewed concept of legal linguistics. In order to determine the different ideologies underpinning the evolution of English legal language, as well as its prototypical forms of the visualisation of the law, three stages in the history of the English language will be examined: Late Middle English, Early Modern English, and Contemporary English. Each of these stages will be likened to the different parts of judicial proceedings. This will allow us to examine how English legal language has been used in a specific context, the trial, where the law is both uttered and performed.

scholarly journals South African Marriage in Policy and Practice: A Dynamic Story

2019 ◽  
Author(s):  
Michael W. Yarbrough
Keyword(s):  
South African ◽  
Theoretical Approach ◽  
Family Relationship ◽  
Legal Regime ◽  
Policy And Practice ◽  
Scholarly Research ◽  
The Law ◽  
The Relationship ◽  
Dynamic Interplay

Law forms one of the major structural contexts within which family lives play out, yet the precise dynamics connecting these two foundational institutions are still poorly understood. This article attempts to help bridge this gap by applying sociolegal concepts to empirical findings about state law’s role in family, and especially in marriage, drawn from across several decades and disciplines of South Africanist scholarly research. I sketch the broad outlines of a nuanced theoretical approach for analyzing the law-family relationship, which insists that the relationship entails a contingent and dynamic interplay between relatively powerful regulating institutions and relatively powerless regulated populations. Accordingly, while my argument broadly distinguishes the more repressive regimes of colonialism and apartheid from the more expansive post-apartheid legal regime, it also partially undoes that periodisation by highlighting limits and evasions of repressive law and obstacles impeding access to post-apartheid law’s expansive promises.

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