Does the construction of ‘rapeable’ bodies constitute an instance of hermeneutical injustice?
- Authors: Weiffenbach, Michaela
- Date: 2020
- Subjects: Zuma, Jacob -- Trials, litigation, etc. , Rape -- Philosophy , Women's rights -- Africa , Women, Black -- Social conditions -- Africa , Masculinity -- Africa , Men, Black -- Africa -- Psychology , Justice (Philosophy)
- Language: English
- Type: text , Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10962/145708 , vital:38460
- Description: This thesis argues that within the conventional imagination of the West, identity functions in a way that particular forms of embodiment are characterised by the experience of endured sexual vulnerability, which I argue is best understood as the construction of ‘rapeable’ bodies (Cahill 2001, 120). By this, I mean that the threat of rape is contingent upon the social and political construction of one’s identity as vulnerable. In virtue of this particular way of constructing the embodiment of certain subjectivities, there is an instance of hermeneutical injustice conferred (Fricker 2007, 114). I inquire into the function and meaning of stereotypic generalisations, prejudice and rape myths embedded within the dominant framework of the West and show how language and representation constructs these identities as ‘rapeable’. Furthermore, I consider how collective hermeneutical discourses construct Blackness, specifically Black masculinities and the construction of the ‘un-rapeable’ Black femxle body. To see how these ideas are congruous the prominent example that occurred in South Africa in 2005, namely, the Jacob Zuma rape trial comes to mind. One relevant feature of the case is that it shows how identities of race are constructed in the aftermath of apartheid and points to a Western collective imagination resistant to change. In addition, it demonstrates the triad of interrelatedness holding between the self-world-other, a relationship constituted mutually by the self and the socially constructed interpretations of identity and embodiment (du Toit 2009, 58). Lastly, the construction of ‘rapeable’ bodies is an example of how discursive narratives construct particular identities as vulnerable through rendering particular embodied subjects as sexually irrelevant and hermeneutically obscured.
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- Date Issued: 2020
African customary law and gender justice in a progressive democracy
- Authors: Ozoemena, Rita Nkiruka
- Date: 2007
- Subjects: Customary law -- Africa , Women's rights -- Africa , Human rights -- Africa , Sex discrimination against women -- Africa , Women and democracy -- Africa , Culture and law -- Africa
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:3692 , http://hdl.handle.net/10962/d1003207 , Customary law -- Africa , Women's rights -- Africa , Human rights -- Africa , Sex discrimination against women -- Africa , Women and democracy -- Africa , Culture and law -- Africa
- Description: The constant clash of African culture and traditions with human rights continue to militate against the adequate protection of women’s rights. Thus, African women constantly face challenges resulting from restrictions under customary laws of succession and inheritance, witchcraft violence, degrading treatment to widows, domestic violence; women killed by their partners, rape of women and children under all kinds of circumstances. This thesis was prompted by the issues raised in the Bhe case of the Constitutional Court of South Africa. In this landmark judgment, Ngcobo J dealt with the development of customary law, and how it must be approached by the courts in a manner that would have due regard to the rights of women on one hand and, on the other, would also accord customary law of its proper place, purpose and values within the African context. Against this background, the thesis focused on South Africa, Nigeria and Lesotho as excellent models of the broader challenges for women as well as governments; despite certain legislative measures put in place by the latter, the battle continues unabated for the balance of traditions and culture with women’s rights issues. Although South Africa is more progressive in terms of Constitution and practice than Nigeria and Lesotho, a lot still needs to be done particularly in the area of harmonization of laws. Regrettably, in Nigeria and Lesotho respect for the Constitution is superficial and lacks substantive policies that would promote women’s rights. To this extent, the balance of democratic values and promotion of women’s rights issues within the continent lie in women being partners in development rather than unduly suffering under intense burden of culture, tradition and societal stereotypes.
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- Date Issued: 2007