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Acta Academica
Scopus
ISSN 0587-2405 · University of the Free State · 1.650 artikel di indeks
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Artikel Jurnal
Law, poetry and lack in Kandinsky, Rothko and Kentridge
Following the work of Maria Aristodemou, while subtly departing from it, the article proposes a (novel) understanding of the relationship between law and “poetry” (instead of the more familiar “literature”) in the terms of the literary devices of metaphor and metonymy. I propose as the operative…
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Artikel Jurnal
Understanding law and literature through Freud's compromise formation
This article develops a theoretical framework that reconsiders the intersection between law and literature through the psychoanalytic notion of "compromise formation". We propose that both law and literature function as arts of compromise, mediating conflicts that are not only social or…
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Artikel Jurnal
Figurations of the Australian carceral imaginary: the child, the paedophile and the cop
This article examines the figures of the child, the paedophile, and the cop in the Australian carceral imaginary, focusing on their deployment in legal and cultural narratives to justify state intervention and colonial control over First Nations communities. Through an analysis of Alexis Wright’s…
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Artikel Jurnal
Bifurcated worlds and copyright norms: a literary reflection on inclusive copyright, normative pluralism and the spectre of anarchy
This article draws on AJ van der Walt’s insights into the legal transformation of society regarding the property law norms inherited at the dawn of constitutional democracy, and proceeds to develop and apply them in the context of contemporary South African copyright law. Specifically, this article…
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Artikel Jurnal
Abezimu/Badimo (ancestors) and copyright law: a decolonial exploration of the literary exception
Heeding to the call to decolonise higher education and the law, in this article, I embrace a decolonial lens to grapple with copyright law in South Africa, and specifically the subject of authorship. The central claim is that Abezimu/Badimo (ancestors) are an author in a decolonised notion of…
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Artikel Jurnal
Challenging property law's faceless "reason" through literature and language
Property law has long relied on its lack of empathy to remain the most loyal servant of capitalism — a discipline shaped by the pursuit of stability, predictability, and the protection of capital. Seeking to present itself as a law of reason, it reflects the logic of a market that demands…
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Artikel Jurnal
The Literary Exception and the Rule of Law: a conversation on liberal democracy, populism, interpretation, law and poetry
Johan van der Walt discusses key themes from his most recent book The Literary Exception and the Rule of Law Oxfordshire Routledge (2023) with Karin van Marle and Wessel le Roux. Van der Walt calls for a genre of law and literature scholarship that does not seek to soften or erase the differences…
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Artikel Jurnal
Labour and capitalism from the perspective of Giorgio Agamben’s inoperativity
In this article, Ramond Geuss’s theory of work is presented as a productionist model, which, as Honneth critiques, reduces labour to wage and product, thereby reducing the person, through capitalist logic, to an instrument who is disconnected from being and activity. In response, some scholars have…
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Artikel Jurnal
From mourning mothers to revolutionary mothering
In this article, I critically engage with the literature on Black feminism to follow a notion of public motherhood that exceeds biological reproductive mothering in favour of looking at a conception of motherhood in cultural and linguistic terms, as a political symbol and a framework for thinking…
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Artikel Jurnal
Reading Ubuntu relationality through a Levinasian lens
Ubuntu philosophy is a moral framework rooted in African traditions, emphasising interconnectedness, community, and a shared humanity that is based on a relational conceptualisation of the subject. In this article, I argue that Levinas’s radically passive ethical agent that operates through…
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Artikel Jurnal
Incompleteness as epistemic freedom: rethinking gangsterism in Cape Town
This article offers a decolonial critique of knowledge production by bringing postcolonial philosophy into dialogue with the life histories of gangsters from the Cape Flats, South Africa. In particular, I highlight the disruptive potential of Francis Nyamnjoh’s ethic of incompleteness as both a…
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Artikel Jurnal
"What remains? The language [culture] remains"
As scholars who have struggled with the question of the relationship between transformation and law for most of our work-lives, we remain interested in and often perplexed by the ways in which legal scholars, the media and members of the public at large continue to talk about and comment on matters…
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Artikel Jurnal
The foundations of transformative private law in South Africa
This article problematises a shallow understanding of "transformative private law" as being a simple merger of constitutional rights and private law. Instead, feeding into international discourse on transformative private law, it is argued that a South African iteration of the concept ought to be…
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Artikel Jurnal
Reconsidering our legal reasoning, legal culture and vision of law: 20 years after Froneman
This paper reflects on whether and to what extent we have made progress in transforming our formal vision of law to a constitutional vision of law, particularly in the application and interpretation of private law. What was needed for this transformation was a more substantive reasoning that…
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Artikel Jurnal
Participatory truth between Adorno’s negativity and Gadamer’s play: digital media, the culture industry, and Kantian aesthetic consciousness
This article investigates the intersection between critical theory and hermeneutics, examining whether Hans-Georg Gadamer’s aesthetic philosophy – especially his critique of Kantian aesthetics – might offer an ontological alternative to the culture industry critique developed by Theodor Adorno and…
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Artikel Jurnal
The nomadic war machine of Gabor Maté's Compassionate Inquiry
In this article it will be argued that Gabor Maté’s published/online works, along with Maurizio and Zaya Benazzo’s documentary film The Wisdom of Trauma (2021), collectively comprise a digital nomadic war machine; one that works to heal the trauma otherwise precipitated by the State Apparatus’s…
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Artikel Jurnal
Considering socio-ecological digital activism through a Fuchsean lens
Digital technologies, platforms and applications, developed and disseminated by digital capitalist monopolies that at times collude with governments, pose a risk to democracy and socio-ecological justice. The potential for pro-democratic political activism can be eroded through people’s enmeshment…
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