Literature and the Law in South Africa, 1910–2010

Literature and the Law in South Africa, 1910–2010 PDF Author: Ted Laros
Publisher: Rowman & Littlefield
ISBN: 1683930169
Category : Political Science
Languages : en
Pages : 243

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Book Description
In 1994, artistic freedom pertaining inter alia to literature was enshrined in the South African Constitution. Clearly, the establishment of this right was long overdue compared to other nations within the Commonwealth. Indeed, the legal framework and practices regarding the regulation of literature that were introduced following the nation’s transition to a non-racial democracy seemed to form a decisive turning point in the history of South African censorship of literature. This study employs a historical sociological point of view to describe how the nation’s emerging literary field helped pave the way for the constitutional entrenchment of this right in 1994. On the basis of institutional and poetological analyses of all the legal trials concerning literature that were held in South Africa during the period 1910–2010, it describes how the battles fought in and around the courts between literary, judicial and executive elites eventually led to a constitutional exceptio artis for literature. As the South African judiciary displayed an ongoing orientation towards both English and American law in this period, the analyses are firmly placed in the context of developments occurring concurrently in these two legal systems.

Literature and the Law in South Africa, 1910–2010

Literature and the Law in South Africa, 1910–2010 PDF Author: Ted Laros
Publisher: Rowman & Littlefield
ISBN: 1683930169
Category : Political Science
Languages : en
Pages : 243

Get Book Here

Book Description
In 1994, artistic freedom pertaining inter alia to literature was enshrined in the South African Constitution. Clearly, the establishment of this right was long overdue compared to other nations within the Commonwealth. Indeed, the legal framework and practices regarding the regulation of literature that were introduced following the nation’s transition to a non-racial democracy seemed to form a decisive turning point in the history of South African censorship of literature. This study employs a historical sociological point of view to describe how the nation’s emerging literary field helped pave the way for the constitutional entrenchment of this right in 1994. On the basis of institutional and poetological analyses of all the legal trials concerning literature that were held in South Africa during the period 1910–2010, it describes how the battles fought in and around the courts between literary, judicial and executive elites eventually led to a constitutional exceptio artis for literature. As the South African judiciary displayed an ongoing orientation towards both English and American law in this period, the analyses are firmly placed in the context of developments occurring concurrently in these two legal systems.

From Law and Literature to Legality and Affect

From Law and Literature to Legality and Affect PDF Author: Greta Olson
Publisher: Oxford University Press
ISBN: 0192670921
Category : Law
Languages : en
Pages : 263

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Book Description
From Law and Literature to Legality and Affect argues for the continued vitality of Law and Literature. Traditional methods of Law and Literature are combined with work in critical media studies, affect, and cultural narratology to address topics such as ethnonationalism, anti-immigration sentiment, and systemic racism in Germany and the United States. Taking stock of the diversification of the field at fifty years, this book understands Law and Literature as a political project. It has a precedent in inaugural Law and Literature texts such as Jacob Grimm's Von der Poesie im Recht (On the Poetry in Law) from 1815/16, which imagined an alternative legal order that was grounded in the unity of law, poetic language, and feeling. The political thrust of Law and Literature continues up into the present in the arts of BlackLivesMatter, which document and resist police violence. Law and Literature offers keys for understanding how legal identities are constructed, for analyzing how legal texts are constructed, and for comprehending how cultural-legal issues are mediated affectively. Using cultural, medial, affect theoretical, and narrative analyses of law, a revitalized Law and Literature offers a set of methods and theories with which to address the most pressing issues of the present.

A Companion to African Literatures

A Companion to African Literatures PDF Author: Olakunle George
Publisher: John Wiley & Sons
ISBN: 1119058171
Category : Literary Criticism
Languages : en
Pages : 512

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Book Description
Rediscover the diversity of modern African literatures with this authoritative resource edited by a leader in the field How have African literatures unfolded in their rich diversity in our modern era of decolonization, nationalisms, and extensive transnational movement of peoples? How have African writers engaged urgent questions regarding race, nation, ethnicity, gender, and sexuality? And how do African literary genres interrelate with traditional oral forms or audio-visual and digital media? A Companion to African Literatures addresses these issues and many more. Consisting of essays by distinguished scholars and emerging leaders in the field, this book offers rigorous, deeply engaging discussions of African literatures on the continent and in diaspora. It covers the four main geographical regions (East and Central Africa, North Africa, Southern Africa, and West Africa), presenting ample material to learn from and think with. A Companion To African Literatures is divided into five parts. The first four cover different regions of the continent, while the fifth part considers conceptual issues and newer directions of inquiry. Chapters focus on literatures in European languages officially used in Africa -- English, French, and Portuguese -- as well as homegrown African languages: Afrikaans, Amharic, Arabic, Swahili, and Yoruba. With its lineup of lucid and authoritative analyses, readers will find in A Companion to African Literatures a distinctive, rewarding academic resource. Perfect for undergraduate and graduate students in literary studies programs with an African focus, A Companion to African Literatures will also earn a place in the libraries of teachers, researchers, and professors who wish to strengthen their background in the study of African literatures.

Literary Trials

Literary Trials PDF Author: Ralf Gr�ttemeier
Publisher: Bloomsbury Publishing USA
ISBN: 1501334875
Category : Literary Criticism
Languages : en
Pages : 241

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Book Description
From the 19th century onwards, famous literary trials have caught the attention of readers, academics and the public at large. Indeed it is striking that more often than not, it was the texts of renowned writers that were dealt with by the courts, as for example Gustave Flaubert's Madame Bovary and Charles Baudelaire's Les Fleurs du Mal in France, James Joyce's Ulysses and Henry Miller's Tropic of Cancer in the US, D.H. Lawrence's Lady Chatterley's Lover in Great-Britain, up to the more recent trials on Klaus Mann's Mephisto and Maxim Biller's novel Esra in Germany. By bringing together international leading experts, Literary Trials represents the first step towards a systematic discussion of literary trials on a global scale. Beginning by first reassessing some of the most famous of these trials, it also analyses less well-known but significant literary trials. Special attention is paid to recent developments in the relationship between literature and judicature, pointing towards an increasing role for libel and defamation in the societal demarcation of what literature is, and is not, allowed to do.

The Ian Willock Collection on Law and Justice in the Twenty-First Century

The Ian Willock Collection on Law and Justice in the Twenty-First Century PDF Author: Eamon P. H. Keane
Publisher: Rowman & Littlefield
ISBN: 1683932528
Category : Law
Languages : en
Pages : 333

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Book Description
The essays presented in The Ian Willock Collection on Law and Justice in the Twenty-First Century by those who knew Ian Willock, as well as those who have been inspired by his concerns, represent the wide compass of Ian’s interests. These range from a concern with the development of legal regulation to the relationship between social change and the justice system, as well as his particular interest in the accessibility of the justice system. This tribute provides a microcosm of the changes and shifts which occurred in legal education and the legal profession in the years between 1964 and the current century. The profound impact of Ian Willock’s life work is evident through the wide-ranging essays in this collection.

The Legal Exhibitionist

The Legal Exhibitionist PDF Author: Joel Silverman
Publisher: Rowman & Littlefield
ISBN: 1683933362
Category : Biography & Autobiography
Languages : en
Pages : 217

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Book Description
Born to a Jewish immigrant shopkeeper in a small Alabama town, Morris Ernst used aggressive self-promotion and exaggeration—what he called “exhibitionism”—to transcend his insecurities and his part-time legal training to become one of America’s most famous lawyers. During the first half of the twentieth century, Ernst championed free speech, sexual education, birth control, and reproductive health, and his landmark defense of James Joyce’s Ulysses in 1933 cemented Ernst’s reputation as the top progressive attorney of the era. To promote himself, Ernst befriended newspaper writers, authors, actors, politicians, and practically anyone whose work carried some weight in popular culture. But his hunger for respect and recognition, together with his need for excitement, led Ernst to lavish praise on J. Edgar Hoover and to publicly defend—and profit from—a Dominican dictator. In the process, Ernst undermined his own credibility and largely fell out of favor with the public. By examining key moments of his life and career, The Legal Exhibitionist: Morris Ernst, Jewish Identity, and the Modern Celebrity Lawyer describes how Ernst’s exhibitionism led to his rise and fall and suggests how his strategy of exaggeration anticipated the emergence of today’s celebrity lawyers.

The Courtroom as a Space of Resistance

The Courtroom as a Space of Resistance PDF Author: Awol Allo
Publisher: Routledge
ISBN: 131703712X
Category : Law
Languages : en
Pages : 361

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Book Description
Fifty years before his death in 2013, Nelson Mandela stood before Justice de Wet in Pretoria's Palace of Justice and delivered one of the most spectacular and liberating statements ever made from a dock. In what came to be regarded as "the trial that changed South Africa", Mandela summed up the spirit of the liberation struggle and the moral basis for the post-Apartheid society. In this blistering critique of Apartheid and its perversion of justice, Mandela transforms the law into a sword and shield. He invokes it while undermining it, uses it while subverting it, and claims it while defeating it. Wise and strategic, Mandela skilfully reimagines the courtroom as a site of visibility and hearing, opening up a political space within the legal. This volume returns to the Rivonia courtroom to engage with Mandela's masterful performance of resistance and the dramatic core of that transformative event. Cutting across a wide-range of critical theories and discourses, contributors reflect on the personal, spatial, temporal, performative, and literary dimensions of that constitutive event. By redefining the spaces, institutions and discourses of law, contributors present a fresh perspective that re-sets the margins of what can be thought and said in the courtroom.

Online Chinese Nationalism and China's Bilateral Relations

Online Chinese Nationalism and China's Bilateral Relations PDF Author: Simon Shen
Publisher: Lexington Books
ISBN: 0739132490
Category : Political Science
Languages : en
Pages : 312

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Book Description
Since the Chinese were officially plugged into the virtual community in 1994, the usage of the internet in the country has developed at an incredible rate. By the end of 2008, there were approximately 298 million netizens in China, a number which surpasses that of the U.S. and ranks China the highest user in the world. The rapid development of the online Chinese community has not only boosted the information flow among citizens across the territory, but has also created a new form of social interaction between the state, the media, various professionals and intellectuals, as well as China's ordinary citizens. Although the subject of this book is online Chinese nationalism, which to a certain extent is seen as a pro-regime phenomenon, the emergence of an online civil society in China intrinsically provides some form of supervision of state power-perhaps even a check on it. The fact that the party-state has made use of this social interaction, while at the same time remaining worried about the negative impact of the same netizens, is a fundamental characteristic of the nature of the relationship between the state and the internet community. Many questions arise when considering the internet and Chinese nationalism. Which are the most important internet sites carrying online discussion of nationalism related to the author's particular area of study? What are the differences between online nationalism and the conventional form of nationalism, and why do these differences exist? Has nationalist online expression influenced actual foreign policy making? Has nationalist online expression influenced discourse in the mainstream mass media in China? Have there been any counter reactions towards online nationalism? Where do they come from? Online Chinese Nationalism and China's Bilateral Relations seeks to address these questions.

Enter the Undead Author

Enter the Undead Author PDF Author: George Pate
Publisher: Rowman & Littlefield
ISBN: 1683931599
Category : Law
Languages : en
Pages : 173

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Book Description
Many narratives of theater history suggest that the 1960s marked the start of a turning away from traditional, script-based, playwright-centric production practices. Literary studies in this period began exploring the concept of the “death of the author” along similar lines. But the author refused to die quietly, and authorship reasserts itself in even revolutionary and avant-garde theaters throughout the latter half of the twentieth century. The model of authorship—valorizing individuality, ownership, and originality—serves to maintain traditional modes of production that reproduce and uphold dominant ideologies even when the products created by those modes of production claim to buck tradition or run counter to cultural currents. This ideology of authorship plays a part in playwrights shutting down productions of their own plays, in the privileging of individual authorship over joint authorship even in collaborative genres, and in the insistence on originality even in performance traditions rooted in a shared repertoire. This tension between the theoretical death of the author and the growth of actual authors’ abilities to control access to and even in some cases interpretations of their work exposes the deftness with which dominant ideologies and their attendant modes of production can repurpose the aesthetics of even countercultural or revolutionary movements in theater.

Congress Shall Make No Law

Congress Shall Make No Law PDF Author: David M. O'Brien
Publisher: Rowman & Littlefield Publishers
ISBN: 1442205121
Category : Political Science
Languages : en
Pages : 152

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Book Description
The First Amendment declares that 'Congress shall make no law . . . abridging the freedom of speech, or of the press. . . . ' Yet, in the following two hundred years, Congress and the states have sought repeatedly to curb these freedoms. The Supreme Court of the United States in turn gradually expanded First Amendment protection for freedom of expression but also defined certain categories of expression_obscenity, defamation, commercial speech , and 'fighting words' or disruptive expression-as constitutionally unprotected. From the Alien and Sedition Act of 1798 to the most recent cases to come before the Supreme Court, noted legal scholar David M. O'Brien provides the first comprehensive examination of these exceptions to the absolute command of the First Amendment, providing a history of each category of unprotected speech and putting into bold relief the larger questions of what kinds of expression should (and should not) receive First Amendment protection. O'Brien provides readers interested in civil liberties, constitutional history and law, and the U. S. Supreme Court a treasure trove of information and ideas about how to think about the First Amendment.