In 1998 Ghia Van Eeden was sexually assaulted by a serial rapist who had escaped from police custody due to the negligence of the South African police authorities. Claiming that the State owed a common law duty of care to potential victims to protect them from violent crimes, Van Eeden sought damages for the harm she had suffered. In a path-breaking decision, the Supreme Court of Appeal (S.C.A.) found that a duty of care did indeed exist and that its execution (...) had to be considered in line with the constitutional requirement to protect women's right to be free from violence and the constitutional obligation to develop the common law so as to promote the spirit, purport and objects of the South African Bill of Rights. Examining the Van Eeden decision in terms of its substantial development of the circumstances in which the State may be judged liable for a wrongful omission, this note positions the S.C.A.'s decision in the context of the evolving case law of the Constitutional Court on sexual violence and ultimately questions its practical significance for addressing the prevalent abuse of women in South Africa. (shrink)

This paper was largely written by the General Manager for People and Conservation in South African National Parks , with a contribution by an anthropologist studying the post-apartheid transition of Kruger National Park. Our purpose is to engage in an ongoing discussion aimed at equitable best practice and community empowerment in social research and protected areas by bringing together context informed, insider and outsider perspectives. It is not intended to offer a conclusive account of people and park dynamics in SANParks. (...) The paper begins with an overview of the establishment of protected areas in South Africa. It then traces conservation philosophies and management principles from 1900 to the present. We then examine the move towards community involvement with conservation areas, outlining the impacts of the World Conservation Strategy and the Brundtland Report. This leads into a discussion of the development of Social Ecology within SANParks, evaluating the successes and failures of consultative efforts with indigenous communities. Lastly, we describe recent moves to include cultural heritage and indigenous knowledge into the programmatics of park management. (shrink)

This paper was largely written by the General Manager for People and Conservation in South African National Parks (SANParks), with a contribution by an anthropologist studying the post-apartheid transition of Kruger National Park. Our purpose is to engage in an ongoing discussion aimed at equitable best practice and community empowerment in social research and protected areas by bringing together context informed, insider (Masuku Van Damme) and outsider (Meskell) perspectives. It is not intended to offer a conclusive account of people and (...) park dynamics in SANParks. The paper begins with an overview of the establishment of protected areas in South Africa. It then traces conservation philosophies and management principles from 1900 to the present. We then examine the move towards community involvement with conservation areas, outlining the impacts of the World Conservation Strategy and the Brundtland Report. This leads into a discussion of the development of Social Ecology within SANParks, evaluating the successes and failures of consultative efforts with indigenous communities. Lastly, we describe recent moves to include cultural heritage and indigenous knowledge into the programmatics of park management. (shrink)

This article offers a political reading of Franz Kafka's posthumous work The Trial. In this novel, the main protagonist is subject to an arrest and trial conducted by the ambiguous authority of a shadowy court and its officials. This article explores Joseph K.'s experience of being subject to the Law, and relates this to our own understanding and experience of political subjectivity in modern times. K.'s doomed search for order through a ‘permanent resolution’ of his case is related to the (...) modern desire for order: Specifically, the desire for both philosophical and political frameworks that provide narratives or certainty. Here modernity is understood to be characterized by an anxiety brought about by a crisis in authorship and authority. The article then considers K.'s desire for justice and the Law, and his entanglement with the power of the court, as analogous to the modern experience of the triad of justice–law–power, which is subsumed under the banner of ‘sovereignty’. In particular, the article explores K.'s inability to locate, read, or fix the Law; a problem that is also reflected in the aporia of sovereignty as justice–law–power. K.'s experience alerts us to the contradictions in the triad justice–law–power; contradictions that occur as although each member of the triad is dependent upon the other two, each member of the triad also seeks to exclude or deny this dependency. Thus, read politically, K.'s struggle in The Trial can be seen as a reflection of the modern struggle with sovereignty as the triad justice–law–power, and the impasse that K. reaches is also the impasse that modernity has reached. (shrink)

The aim of this paper is to take the first steps toward providing a refurbished consent theory of political authority, one that rests in part on a reconception of the relationship between the surrender of judgment and the authoritativeness of political institutions. On the standard view, whatever grounds political authority implies that one ought to surrender one's judgment to that of one's political institutions. On the refurbished view, it is the surrender of one's judgment ndash which can plausibly be considered (...) a form of consent ndash that makes political institutions practically authoritative. (shrink)

The Mapuche people are a native group from the extreme south of Latin America. Their culture is based on the interconnectedness between the cohabitants of the environment, including human and non-human categories of life. The closest concept to consciousness for them would be Mapuche rakizuamor Mapuche thinking, which is defined as a particular kind of reflexivity or state of awareness of the interdependence of people with natural and spiritual entities. This understanding of the human condition represents a relational ontology, which (...) cannot be translated to the predominating individualistic approach. Although the mind–body distinction is not a central point within Mapuche culture, these dimensions can be explored through crucial processes of the life cycle such as socialization, illness, and death. Contributions from cultural psychology and Indigenous psychology are taken into account regarding the challenge to address the interplay between culture and the human psyche more appropriately. (shrink)

Ethnic cultural conceptualizations of consciousness often posit souls or other spirits, but these do not always address consciousness itself. This article describes an autochthonous model of consciousness that was current among the Asabano people of central New Guinea before first contact in the mid-twentieth century. In their conceptualization, one's own souls were not seen as essences of the self or agents of personal awareness. Rather, they merely inflected awareness, which was understood to occur in the heart. This autochthonous model of (...) consciousness attributed selfish impulses and bodily strength to a 'little soul' and generous inclinations to a 'big soul'. The heart was the seat of thought and feeling and the recipient of the souls' proddings, and sensory perceptions originating in other body parts. (shrink)