The problem of cultural violence against girls in Nigeria has been discussed at length. A number of scholars have conducted empirical studies, others developed theories and tools to be used in measuring and monitoring improvement on eliminating specific cultural practices. This scholarship is vitally important. They launch feminist and other anthropological works into an arena of anti-violence work which without a doubt have a significant impact and far-reaching repercussions for girls who experience violence in Nigeria. Yet, despite the systemic change over the past years, the problem of violence against girls in Africa, more specifically Nigeria, is still persistent within cultural communities. Building on the important foundational works of these authors, my dissertation analyses this problem from a different perspective. This thesis identifies several governance gaps within the Nigerian legal framework that needs to be addressed before existing legal mechanisms can adequately address the problem of violence against girls. To ensure a proper examination of the different dimensions and changing patterns of cultural violence against girls, the dissertation focuses on the practice of child marriages within Muslim communities in Northern Nigeria. The complexity of the issues addressed in this dissertation required a variety of theoretical tools to unpack the different fields of inquiry. The dissertation uses a critical legal studies and feminist framework in studying the problem of cultural violence against girls in Nigeria. It also uses textuality, a method of inquiry within Dorothy Smith’s feminist socio-legal methodology, to investigate the text-based organization of social policy in Nigeria to ultimately reveal a legal and political system used as an instrument for consolidating power and legitimizing anti-women principles as traditional values. Using these tools, the thesis analyzed the complexity of the problem of cultural violence through a focus on co-existing institutional frameworks, that is, formal and informal legal structures and the roles they play in shaping the experiences of girls within cultural communities.

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Thesis (MA)--University of Stellenbosch, 2000. / ENGLISH ABSTRACT: This thesis examines the relationship between law and justice. Firstly, it is argued that the concept of justice tends to be defined too narrowly as distributive justice or as a mechanism to maintain social order. It is argued that Jacques Derrida's understanding of justice not only gives a richer and broader understanding of the concept, but also on its complex relationship with the law. Lastly, some of the possible implications for jurisprudence (with specific reference to Critical Legal Studies, Critical Race Theory and Drucilla Cornell) are examined. / AFRIKAANSE OPSOMMING: Hierdie tesis ondersoek die verhouding tussen geregtigheid en die reg. Daar word eerstens geargumenteer dat geregtigheid te maklik gedefinieer word as distributiewe geregtigheid of as In meganisme om sosiale orde te bewerkstellig. Daar word geargumenteer dat Jacques Derrida se verstaan van die konsep nie aileen 'n breer en ryker verstaan moontlik maak nie, maar dat dit ook fokus op die komplekse verhouding met die reg. Laastens word sommige van die moontlike implikasies vir regsfilosofie (met spesifieke verwysing na Critical Legal Studies, Critical Race Theory en Drucilla Cornell) ondesoek,

Submitted by JOSIANE SANTOS DE OLIVEIRA (josianeso) on 2018-05-09T11:39:22Z No. of bitstreams: 1 Simone Schuck da Silva_.pdf: 2512697 bytes, checksum: 4218730136d9da1b3e534b8cd4c70cea (MD5) / Made available in DSpace on 2018-05-09T11:39:22Z (GMT). No. of bitstreams: 1 Simone Schuck da Silva_.pdf: 2512697 bytes, checksum: 4218730136d9da1b3e534b8cd4c70cea (MD5) Previous issue date: 2018-02-28 / CAPES - Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / PROEX - Programa de Excelência Acadêmica / O trabalho analisa as demandas de retificação de nome e sexo no registro civil de travestis e transexuais e a sua expressão pela gramática jurídica a partir de uma pesquisa empírica quantitativa e qualitativa nos processos judiciais do projeto “Direito à Identidade: Viva seu nome!”, do G8-Generalizando, grupo de direitos sexuais e de gênero do Serviço de Assessoria Jurídica Universitária da Universidade Federal do Rio Grande do Sul (SAJU/UFRGS). Foram utilizados o método de procedimento de estudo de caso e as técnicas de pesquisa documental, em relação aos processos do grupo, e de pesquisa de campo, com a aplicação de entrevistas semiestruturadas aos agentes envolvidos nas ações. Com base na Teoria Crítica do Direito, observou-se a configuração de uma disputa dogmática sobre a forma regulatória do nome e do sexo civis e, por sua avaliação crítica, concluiu-se pela possibilidade de elaboração de outro modelo de regulação desses institutos jurídicos, uma regulação social e autônoma, capaz de oferecer maior legitimidade à operação do direito e maior autonomia para travestis e transexuais sobre suas identidades. / This thesis analyzes name and sex demands of rectification in the civil registry of travestis and transgenders and its expression on legal grammar, by means of a quantitative and qualitative empirical research of legal cases raised by Direito à identidade: Viva seu nome!, a project from G8-Generalizando – sexual and gender rights group of the Federal University of Rio Grande do Sul (UFRGS) clinic legal program. It uses case study procedure method and techniques of documentary research, in relation to the group processes, and field research, with the application of semi-structured interviews with agents involved in the lawsuits. Based on the Critical Legal Theory, it is observed the configuration of a dogmatic dispute on the regulatory form of civil name and sex. By its critical evaluation, it was concluded that is possible to design another regulatory framwork of these legal institutes, a social and autonomous regulation capable of offering greater legitimacy to the operation of law and also greater autonomy for travestis and transgenders on their own identities.

Cette thèse porte sur la pensée juridique des comparatistes euro-américains. Elle analyse les travaux d’un nombre important de comparatistes, qui ont eu une place significative au sein de la discipline en Europe et aux Etats-Unis entre les années 1860 et le début des années 2000. En examinant les représentations du monde non-occidental, elle met en avant les tensions entre l’inclusion et l’exclusion des spécificités non-occidentales, tout en insistant sur la nécessité de développer une pratique critique de résistance. En s’inspirant des théories postcoloniales, ce travail aborde les questions suivantes: comment le savoir sur les sociétés non-occidentales est-il construit dans la pensée juridique des comparatistes euro-américains ? Quelles sont les préconceptions qui facilitent la production de ce savoir ? Quel est le fondement théorique qui anime ces constructions et quelles sont leurs implications politiques ? Dans quelle mesure la pensée juridique comparative alimente-t-elle les attitudes de domination ou bien les remet-elle en question ? De quelle manière les réponses à ces questions sont-elles reproduites ou modifiées d’une époque à l’autre, d’un auteur à l’autre ? / This dissertation focuses on Euro-American comparative legal thought. It analyses the works of an important number of comparatists operating in Europe and in the United States, roughly from the 1860s to the early 2000s. Examining their representations of non-Western societies, it puts emphasis on the tensions between inclusion and exclusion of particularism and it argues in favor of a critical praxis of particularism. Inspired from postcolonial theories, it addresses the following questions: how are non-Western societies constructed in Euro-American comparative legal thought? What are the preconceptions that make the production of such knowledge possible? What is the theoretical framework that animates these constructions and what are their political implications? What elements internal to comparative legal knowledge fuel attitudes of domination or/and challenge them? How do they change and how are they reproduced from one epoch to another, from one author to another?

This qualitative socio-legal study critically examined the protection against housing discrimination found in chapter 2 § 12 of the Swedish Discrimination Act (SFS 2008:567), in light of United Nations, Council of Europe and European Union housing and non-discrimination (human rights) standards. As an applied socio-legal study it aimed to be critical towards the limits of law in context. By applying an intersectional approach as the theoretical framework for the study, it aimed to identify legal weaknesses from an intersectional point of view. The study made use of a descriptive doctrinal analysis method and a critical text analysis method. The material for analysis consisted of civil housing discrimination law: legislation, preparatory works and case law. The case law, anonymized for this study, consisted of three district court judgments and three appeal court judgments processed during the years 2007-2016. The first research question asked what, if any, forms of intersectional discrimination the housing discrimination law face and comprise. The descriptive doctrinal analysis revealed that all cases shared the discrimination ground ‘ethnicity’ and discrimination form ‘direct discrimination’. The critical text analysis resulted in three themes illustrating intersectional discriminating facing the law: “aggressive men” (the intersection of sex and ethnicity), “resourceless women” (the intersection of sex, socio-economic class and ethnicity) and “unsettled strangers” (the intersection of socio-economic class and ethnicity). The second research question asked what, if any, the limits of law are from an intersectional point of view. By discussing the three themes in relation to the legal landscape and previous research it was possible to identify several limits of law relating to intersectionality, such as the exhaustive list of discrimination grounds, absent discrimination grounds and an absence of intersectional awareness. The study concluded that Swedish housing discrimination law rely on formal equality, which renders intersectional discrimination invisible and the power of housing human rights disputable.

Apparently the existence of deepgoing antinomies in our system of contracts is an experience too painful to rise to the full level of our consciousnes. In the current transformative milieu, the South African law of contract continues its attempts to convey an image of contract as a coherent system of clear and neutral rules. These attempts stem from the belief that the rule-book, in and of itself, can offer us determinate answers in all contractual disputes. This study was borne out of a concern that in its commitments to sustain this image, the South African law of contract is not sufficiently concerned with transformation and the ideal of justice. In the seventies, Kennedy exposed the ambivalence of the contract system and argued that private law vividly reflected the fundamental contradiction; the irresolvable tension in and among us between acting purely out of self-interest or allowing our actions to be informed, influenced and curtailed by others. Kennedy asserted that the fundamental contradiction could be construed as a continuum with two opposing ‘ideal typical’ positions on both the level of form and substance. On the substance level he referred to this warring engagement as individualism and altruism. On the form level, the ideal typical commitments prefer law either in the form of rules or as open-ended standards. Kennedy’s most provocative claim was that individualism preferred law in the form of rules whereas altruism favoured the open-ended standard form. This claim reflected the understanding that form and substance are interdependent because it is impossible not to ask: ‘Form of what?’ Dalton later added more explicitly that form and substance would politically always generate a hierarchy within a legal system. Following Kennedy, this study engages with the South African law of contract in a similar way. It argues that the South African law of contract not only reflects the fundamental contradiction profoundly, but also privileges and works to sustain the individualism/rule position. This position is not sufficiently concerned with the ethical element of contract (good faith) and with the ideal of contractual justice. I consider whether and how the transition from a totalitarian state to a constitutional democracy affected this hierarchy. I arrive at disappointing but nevertheless hopeful conclusions in the sense that the bias inculcated in the law of contract cannot take anything away from the fact that it operates in the penumbra of a Constitution which is committed to openness, equality, dignity and freedom in all human relationships, including those of a contractual nature. In resisting the traditional representations of contract and in support of the above, I propose a re-emphasis on good faith as the ethical element of contract. Good faith cannot be contained in a neat and tidy legal definition. It realises that we are, in the community of contracting persons, each responsible for the other’s well-being and that we should ultimately remain concerned with the constitutive values of the supreme law under which the subordinated but indispensable law of contract must continue to operate. The difficulty and complexity of this exercise provides no alibi. Copyright 2005, University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. Please cite as follows: Barnard, AJ 2005, A critical legal argument for contractual justice in the South African law of contract, LLD thesis, University of Pretoria, Pretoria, viewed yymmdd < http://upetd.up.ac.za/thesis/available/etd-06192006-083839/ > / Thesis (LLD)--University of Pretoria, 2007. / Jurisprudence / LLD / Unrestricted

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With discussion of Indigenous laws on the rise in Canada, this thesis explores the question of law’s power: jurisdiction. In this project, I ask whether Indigenous jurisdiction is active in conflicts between Indigenous and state actors over the environment, in the context of the Heiltsuk Nation on the central coast of British Columbia. This project looks to critical legal theory for an understanding of jurisdiction. It identifies three aspects of jurisdiction that are discussed in critical legal theory and related fields: that it is technical, it is authoritative, and it is spatial. Adopting these qualities as provisional indicators of jurisdiction, it applies thefzm to three case studies of Heiltsuk (or “Haíɫzaqv”) conflicts with the state, which engage colonial law in different ways. The three case studies concern (1) herring harvest and management, which was litigated in R v Gladstone; (2) land use and forestry, which is the subject of the Great Bear Rainforest agreements; and (3) trophy hunting for bears, which is the subject of a grassroots campaign based on Indigenous law. Adopting a qualitative approach adapted from institutional ethnography, this project applies a critical jurisdictional lens to each case study, using documentary review and interviews to explore the technical, authoritative, and spatial aspects of each conflict. Ultimately, I find that expressions of Heiltsuk jurisdiction – as understood from a colonial, critical perspective – are already at play in each conflict, although this is not immediately visible from the point of view of colonial law. In the conclusion, I explore the different manifestations and strategies of Heiltsuk jurisdictional expressions, and the ways that colonial jurisdiction interacts with them. / Graduate / 2021-12-19

Law and development mainstream conceptions of labour market policies, while still marked by long-dominant views of contract law as economically superior to any labour regulation, have recently incorporated certain specific labour (human) rights. Core labour rights are thus accepted by global policy-makers, on the basis of their radical distinction from non-core labour standards and their rationalization according to certain foundational principles. This thesis criticizes the prevailing dichotomies between core labour rights and non-core standards, on the one hand, and contract law and regulation, on the other, bringing to bear the post-legal realist idea of legal indeterminacy. It argues that the organizing legal concepts that justify these dichotomies contain gaps and ambiguities that often lead to contradictory and indeterminate outcomes. It thus suggests that the core/non-core labour standards and contract/regulation distinctions are unproductive and should be rejected if a better conception of labour governance is to come to fruition.