This study was undertaken to establish whether rights of personality are known in indigenous law. Since indigenous law differs not only between tribes but is also affected by the degree of exposure to Western values, a micro-study has been done in a semi-rural environment in the Kingdom of Swaziland to establish to what extent own value systems have been influenced or altered when Western legal concepts are utilised. The information, obtained by interviewing a panel of experts, was compared with the available literature. During the process of gathering information, the aims of the research were not only to describe how the legal principles function, but also to take note of those socio-cultural processes which function outside of the law. Rights of personality were studied against a background of the culture and way of life of the peoples concerned. The importance of culture has been acknowledged in the Constitution of the Republic of South Africa, wherein the recognition and application of indigenous law generally rests on a constitutionally protected right to culture. Whilst the identifiable rights of personality may generally be classified according to specialised legal systems, the separation of rights to good name and to dignity may be inappropriate in the indigenous sphere. Dignity in indigenous legal systems is to be viewed as a comprehensive right of personality, into which should be subsumed the right to good name and reputation in the community. It is such dignity, embracing the ubuntu quality of humanness that is protected as a comprehensive indigenous right of personality. Although the indigenous law of personality is showing some signs of adapting to new developments, there is also proof that the established legal principles and human values are being retained. However, these changes are unique and are neither typically traditional nor Western. The indigenous law of personality, operating in a changing social environment, has to retain its flexibility and adaptability in order to remain ”living” law for the peoples concerned. / Jurisprudence / LL.D.

In April 1997 Kainos Community in HMP The Verne, Dorset, England became the first faith-based prison unit to be established in the Western world. The foundations and ethos of Kainos are based on Christian concepts of ‘loving your neighbour’ and forgiveness. The community operates as a hybrid therapeutic community (TC) and cognitive behavioural programme (CBP). It is open to and inclusive of prisoners of all faiths and none. The aim of this study is to explore the Kainos community ethnographically, guided by the principles of grounded theory and thematic analysis, in order to investigate whether or not Kainos ameliorates some of the de-humanising aspects of prison, and if so, how it rehumanises the prison space. Theoretically, this study highlights the dehumanisation of imprisonment, and illuminates the role that a holistic, Christian-based approach can play in terms of making the prison environment ‘more human’. My findings reveal that on Kainos there are physical, liminal and spiritual spatial mechanisms, in which a family of sub-themes interact to enable flourishing to occur. Kainos has created a physical space in which spaces of architecture and design; sensory experience; movement; and home interact to enable flourishing, whereby prisoners feel ‘more homely’, ‘free’, safe, and calm. Kainos has created a liminal space in which spaces of atmosphere; identity; home; and creativity interact to enable flourishing, empowering prisoners in their self-expression; as a cathartic tool; and as a means of regaining or creating a new identity. Kainos has created a spiritual space in which spaces of Christian activism, love, and forgiveness enable self-worth, healing, transformation, and meaningful change. The implication is that Kainos has created spaces of flourishing, safety and peace within an otherwise dehumanising carceral space, and this plays an important role in the process of transformational change imperative in the desistance process. If society must have prisons, this study concludes that Kainos provides a model for how they should be.