The South African legal system is dualistic in nature with the one part consisting of the Western common law and the other consisting of African customary law. Although these two legal systems enjoy equal recognition, they regularly come into conflict with each other due to their divergent value systems. It is especially within the context of the South African criminal law that this conflict becomes apparent, because an accused's conduct can be viewed as lawful in terms of African customary law, but unlawful in terms of the South African common law. In such cases the accused may attempt to raise a cultural defence by putting forth evidence of his cultural background or values to convince the court that his prima facie unlawful conduct is actually lawful and that he should escape criminal liability. Alternatively, an accused may put forth evidence of his cultural background or values in an attempt to receive a lighter sentence. The question which therefore arises is whether a so-called "cultural defence" exists in the South African criminal law, and if so, what the influence of such a defence on the South African criminal law is. The conflict between African Customary law and the South African common law in the context of the criminal law arises due to the fact that the indigenous belief in witchcraft, (including witch-killings), the indigenous belief in the tokoloshe and the use of muti-medicine (including muti-murders), as well as the phenomenon of "necklacing" and the custom of ukuthwala can result in the commission of various common law crimes. In the case of witch-killings, the perpetrators can be charged with the common law crimes of murder or, if the victim survives, attempted murder, common assault or assault with intent to do grievous bodily harm. Similarly, necklacing, as a method used for killing witches, can also result in the commission of these common law crimes. What is more, the perpetrators of witch-killings can also be charged with the statutory crimes of accusing someone of witchcraft, pointing the victim out as being a witch or wizard or injuring a person based on information received from a traditional healer, or similar person. The indigenous belief in the tokoloshe can lead to the commission of the common law crimes of murder or, if the victim survives, common assault or assault with intent to do grievous bodily harm. The perpetrators of mutimurders can also face charges of murder or attempted murder, if the victim survives. The indigenous custom of ukuthwala can result in the commission of common law crimes such as abduction, kidnapping and common assault, as well as the statutory crime of rape. A perusal of South African case law dealing with the indigenous beliefs and customs above reveals that the accused in such cases have indeed attempted to put forth evidence of their indigenous beliefs or customs to persuade the criminal courts that they should escape criminal liability for a particular crime. In fact, these arguments were raised within the context of the existing common law defences such as private defence, necessity, involuntary conduct and a lack of criminal capacity. However, the South African criminal courts have up till now in general been unwilling to accept arguments of indigenous beliefs and customs to serve as a defence, either alone or within the context of the existing defences above, for the commission of a common law or statutory crime. They have, however, been more willing to accept evidence of an accused's indigenous belief or custom to serve as a mitigating factor during sentencing. The extent to which an accused's cultural background will serve as a mitigating factor will, of course, depend on the facts and circumstances of each case. As a result an accused who is charged with the commission of a culturally motivated crime has no guarantee that his cultural background and values will in fact be considered as a mitigating factor during his criminal trial. It is thus ultimately concluded that a so-called "cultural defence" does not exist in the South African Criminal law. The indigenous beliefs and customs above not only result in the commission of common law or statutory crimes, but also in the infringement of various fundamental human rights in the Constitution. Witch-killings result in the infringement of the constitutional right to life and the right to freedom and security of the person. However, witches and wizards who are persecuted for practising witchcraft are also denied their right to a fair trial entrenched in the Constitution. Similarly, muti-murders and necklacing also result in the infringement of the right to life and the right to freedom and security of the person entrenched in the Constitution. The custom of ukuthwala results in the infringement of the right to equality, the right to freedom and security of the person, the right to live in an environment that is not harmful to health or well-being, the right not to be subjected to slavery, servitude or forced labour, the right to basic education and other constitutional safeguards aimed at protecting children. In light of the constitutional right to freedom of culture and the right to freely participate in a cultural life of one's choosing the question can be asked whether the time has come to formally recognise a cultural defence in the South African criminal law. In this study it is argued that these constitutional rights do not warrant the formal recognition of a cultural defence. Instead, it is recommended that the conflict between African customary law and the South African common law can be resolved by bringing indigenous beliefs and customs in line with the values that underpin the Constitution as the supreme law of South Africa. Of course, this does not mean that the courts should ignore cultural considerations during a criminal trial if and when they arise. In fact, as pointed out in this study, the courts have a constitutional duty to apply African customary law when that law is applicable. It goes without saying that, when an accused attempts to escape criminal liability for his unlawful conduct by raising arguments of his cultural background, African customary law will be applicable and must be considered by the court. This in turn raises the question as to how the criminal courts can ensure that they give enough consideration to the possibility that an accused's criminal conduct was culturally motivated so as to comply with their constitutional mandate referred to above. Although it would be nearly impossible to formulate a perfect or flawless approach according to which a judicial officer can adjudicate criminal matters involving culturally motivated crimes, the author suggests the following practical approach which may provide some guidance to judicial officers in dealing with cases involving culturally motivated crimes: • Step 1: Consider whether the commission of the crime was culturally motivated or not. If it seems as though the accused did not commit a culturally motivated crime, the trial can continue on that basis. If, however, it is evident that the accused indeed committed a culturally motivated crime, step 2 follows. • Step 2: Once it has been determined that the commission of the crime was culturally motivated, the next step is to determine which indigenous belief or custom led to the commission of the crime. Once the relevant indigenous belief or custom has been identified, step 3 follows. • Step 3: When it is clear which indigenous belief or custom led to the accused's commission of the crime, the next step is to determine whether arguments pertaining to that particular indigenous belief or custom may be raised within the context of the existing defences in the South African Criminal law in order to exclude the accused's criminal liability. If an accused relies on one of the existing defences in the South African criminal law, he will have to lay a proper evidential foundation for his defence before the court. In assessing the evidence put forth by the accused, the judicial officer must consider the judgment and reasoning in previous cases dealing with the particular indigenous belief or custom. A judicial officer must also consider the values underpinning the Constitution when conducting such an assessment. If a judicial officer upholds an accused's defence, the accused is acquitted. However, if the judicial officer rejects an accused's defence, the accused must be convicted and step 4 follows. • Step 4: Once an accused has been convicted, a court should consider whether arguments of his cultural background can serve as an extenuating circumstance, mitigating the punishment to be imposed on him. However, the practical approach above merely serves as a suggestion to judicial officers in dealing with culturally motivated crimes and ultimately it will be up to the judiciary to develop both the Western common law and African customary law to resolve the criminal law conflicts between these two legal systems. The research for this study was concluded in November 2013. / LLD, North-West University, Potchefstroom Campus, 2014

Since classical times, the witch has remained an eerie, powerful and foreboding figure in literature and drama. Often beautiful and alluring, like Circe, and just as often terrifying and aged, like Shakespeare’s Wyrd Sisters, the witch lives ever just outside the margins of polite society. In John Marston’s Sophonisba, or The Wonder of Women the witch’s ability to persuade through the use of language is Marston’s commentary on the power of poetry, theater and women’s speech in early modern Britain. Erichtho is the ultimate example of a terrifying woman who uses linguistic persuasion to change the course of nations. Throughout the play, the use of speech draws reader’s attention to the role of the mouth as an orifice of persuasion and to the power of speech. It is through Erichtho’s mouth that Marston truly highlights the power of subversive speech and the effects it has on its intended audience.

Analisamos, neste trabalho, o filme Anticristo (2009), do cineasta Lars von Trier, tomando como base um viés crítico que contemplasse a relação entre sua construção formal e seus conteúdos implícitos e explícitos. Assim como outras obras do artista, igualmente questionadoras, perturbadoras e políticas, Anticristo mostra-se capaz de apontar dinâmicas histórico-sociais relevantes para a compreensão de seu tempo, além de desnudar diversas características substanciais do pensamento hegemônico, espantosamente naturalizadas. Nesses termos, a tese proposta é a de que o filme reapropria-se de um método estéticopolítico brechtiano com o fim de criar uma contraposição ao modelo dramático que orienta grande parte das produções cinematográficas mainstream. Sendo responsável por sua estruturação mais ampla, essa reapropriação vincula-se à formatação do foco narrativo do filme, associado à personagem masculina e plasmado com várias nuances de obras de Strindberg e de Freud, bem como do Expressionismo. Configura-se, portanto, essencial o exame da inter-relação que Anticristo apresenta entre os planos histórico e social, e os planos do indivíduo e de sua subjetividade, inclusive de sua construção psíquica. A partir dessa análise revelam-se contradições fundamentais da sociedade ocidental, sobretudo no que se refere às questões de gênero, guarnecidas pela inquietante alusão que o filme faz à caça às bruxas. / In this thesis, we analyze the film Antichrist (2009), by Lars von Trier, from a critical perspective that contemplates the relationship between its formal construction and its implicit and explicit content. As with other works by the artist, equally questioning, disturbing and political, Antichrist has shown itself capable of pointing out historical and social dynamics that are relevant to the comprehension of its time; it also lays bare several substantial characteristics of the hegemonic thinking, which are naturalized in an unsettling way. Accordingly, the proposed thesis is that a Brechtian aesthetic-political method is reappropriated by the film, in order to counterpoint the dramatic model that guides much of the mainstream film productions. Being responsible for the broader structuring of Antichrist, this re-appropriation is linked to the design of the films narrative perspective, which is associated to the male character and shaped by various nuances of works by Strindberg and Freud, and also of Expressionism. The examination of the interrelationship between the historical and social level, and the level of the individual and of his subjectivity, including his mental construction, becomes thus essential in Antichrist. From such analysis, fundamental contradictions of Western society can be unveiled, especially the ones regarding gender issues, which are furnished by the uncanny allusion to the Witch Hunt brought up by the film.

Made available in DSpace on 2016-04-28T19:59:13Z (GMT). No. of bitstreams: 1 Davi da Silva Oliveira.pdf: 616102 bytes, checksum: d4171733bdfc3d328dcbe6305de689ee (MD5) Previous issue date: 2008-10-06 / Centro Universitário Adventista / In this dissertation, an analysis was carried out concerning the speeches of silence performed by women characters in the novel Memorial do Convento, written by José Saramago. The characters are: D. Maria Ana Josefa, Sebastiana de Jesus and Blimunda de Jesus. The inductive methodology was used, starting from the particular premises while we observed the incidences of the discourse of silence in the corpus, with the purpose of reaching another premise, which is the identification and characterization of this phenomenon in the literary discourse. The research has a qualitative and phenomenological nature, since we believe that the knowledge of the problem is the result of the vision we have about what is perceived: the speech of silence of the characters. This perception reveals us that the absence of voices does not mean a gap in the saying, taking into account that the silence of women has a meaning. The silence of characters is one recorded by the author and has a resounding of the story as a determining ingredient for the behavior of such characters. Therefore, the construction of the saying of the silence has a structure based on the conception the society had regarding women and witches. In order to cover the problem thoroughly, our starting point was a careful reading of the novel, looking at the behavior of the characters under consideration, considering not only the historical and social circumstances that impacted the women of the 18th century, period covered by the narrator, but also the lines of literary discourse in the novel. For the theoretical underpinning of this study, we researched intensively the postulates of the Literary Theory about novels related to History and Fiction, focusing mainly on the concepts of characters and narrator / Nesta Dissertação, fizemos uma análise das falas do silêncio das personagens femininas do romance Memorial do Convento de José Saramago: D. Maria Ana Josefa, Sebastiana de Jesus e Blimunda de Jesus. Utilizamos o método indutivo, ou seja, partimos das premissas particulares na observação da incidência do discurso do silêncio no corpus, em direção a outra premissa que é o nosso objeto, isto é, a identificação e caracterização da existência deste fenômeno no discurso literário. A pesquisa é de caráter qualitativo e fenomenológico, pois o conhecimento do problema é o resultado da visão que temos sobre o percebido: a fala do silêncio das personagens. Esta observação nos garante revelar que a ausência da voz não significa a lacuna do dizer, pois o silêncio das mulheres tem um significado. O calar das personagens é um calar registrado pelo narrador e tem uma ressonância da história como ingrediente determinante para o comportamento das mesmas. Portanto, a construção do dizer do silêncio tem uma estrutura alicerçada na concepção que a sociedade tinha das mulheres e bruxas. Para cobrirmos o problema cabalmente, partimos da leitura atenta, analisando os atos das personagens focalizadas, no estudo, desde as circunstâncias históricas e sociais que marcaram as mulheres no período contemplado pelo narrador, século XVIII, até as linhas do discurso literário no romance. Para o suporte deste estudo, nos debruçamos nos postulados da Teoria Literária sobre o romance (enfocando principalmente os conceitos de personagens e narrador), da História e da ficção

Cauldron Calling is a compilation of poems ranging in poetic forms from the sonnet to free verse to lyric prose that incorporates a number of processes including: hypnopompic texting, hypnagogic automatic writing, and direct observation. The purpose of this myriad of poetic forms is to peer through the psychic shells we create and examine the workings of the mind so as to give form to the nebulousness found within while most closely recreating physical experiences of pain. In the collection, domestic spaces, particularly kitchens, serve as filters and lenses through which to process anxiety and pain. Conversely, domestic spaces are viewed as areas of both liberation and confinement and the voices of the various speakers throughout the manuscript struggle with this duality/plurality and whether there is a choice to participate in the intergenerational recycling and handing down of these beliefs and behaviors or not. Through sound sense, enjambment, deep image, and the elevation of the mundane, these poems are meant to give insight into the feminine experience as it relates to ritualistic acts of release as opposed to product-driven enterprises for mass consumption.

<p>Ulla Isaksson (1916 – 2000) wrote many novels, often with a woman or several women as protagonists. In <em>Dit du icke vill</em> (“Where Thou Willst Not”) from 1956 she depicts a crisis of faith in a woman, which would not have been successful had she chosen a contemporary setting. She uses an adequate historical framework, the prosecution of witches in Sweden in the 17^th century, well documented in reliable sources. Her novel includes a message about oppression of women, manifest in patriarchal ambition to control ancient wisdom about healing and herbs and the denial of pre-Christian habits that include knowledge about female fertility, earlier exercised by midwives and wise women and men.</p><p>In “The Root of Evil” the novel is placed in a feminist tradition, where the author, like older writers like Fredrika Bremer, Ellen Key and Elin Wägner, pleads for “social mothering”.  A major difference is that, in her own life, Ulla Isaksson has experienced pregnancy, giving birth and breastfeeding which none of the pioneering Swedish feminist writers had. Emilia Fogelklou, pioneering theologian, wrote about witches as wise women, a study that influenced Ulla Isaksson. The witches are described as mirroring Hanna “the Good Mother”. Their fantasies about life at “Blåkulla” are similar to the everyday life at a wealthy farmstead. This kind of mirroring reminds of the theories of Gilbert and Gubar, who assume that female writers in the 19^th Century hid their revolt against patriarchy in mad women, like “The Madwoman in the Attic” in Jane Eyre. In the 1950s, golden age of the Swedish housewife, a female writer might well hide her anger at the circumscribed role model dedicated to women in a similar use of Anti-Women. The real witches clearly contrast the obedient protagonist, a true “Angel in the house”.</p><p>The villagers´ struggle to clear the ground from the ensnaring roots that hinder the male prosecution of witches imply a symbolic reading: this evil root is ancient matriarchal knowledge of childbearing and birth control. A theory on the original causes for the witch hunts in western Europe is introduced: the population sank in the 15^th century and one reason, beside plagues, starvation and warfare, was that women aware of how to prevent childbearing and giving birth to a lot of children were killed during the witch hunt. Churches and kings introduced the prosecution of witches and wise women, including midwives.</p>

Ulla Isaksson (1916 – 2000) wrote many novels, often with a woman or several women as protagonists. In Dit du icke vill (“Where Thou Willst Not”) from 1956 she depicts a crisis of faith in a woman, which would not have been successful had she chosen a contemporary setting. She uses an adequate historical framework, the prosecution of witches in Sweden in the 17th century, well documented in reliable sources. Her novel includes a message about oppression of women, manifest in patriarchal ambition to control ancient wisdom about healing and herbs and the denial of pre-Christian habits that include knowledge about female fertility, earlier exercised by midwives and wise women and men. In “The Root of Evil” the novel is placed in a feminist tradition, where the author, like older writers like Fredrika Bremer, Ellen Key and Elin Wägner, pleads for “social mothering”.  A major difference is that, in her own life, Ulla Isaksson has experienced pregnancy, giving birth and breastfeeding which none of the pioneering Swedish feminist writers had. Emilia Fogelklou, pioneering theologian, wrote about witches as wise women, a study that influenced Ulla Isaksson. The witches are described as mirroring Hanna “the Good Mother”. Their fantasies about life at “Blåkulla” are similar to the everyday life at a wealthy farmstead. This kind of mirroring reminds of the theories of Gilbert and Gubar, who assume that female writers in the 19th Century hid their revolt against patriarchy in mad women, like “The Madwoman in the Attic” in Jane Eyre. In the 1950s, golden age of the Swedish housewife, a female writer might well hide her anger at the circumscribed role model dedicated to women in a similar use of Anti-Women. The real witches clearly contrast the obedient protagonist, a true “Angel in the house”. The villagers´ struggle to clear the ground from the ensnaring roots that hinder the male prosecution of witches imply a symbolic reading: this evil root is ancient matriarchal knowledge of childbearing and birth control. A theory on the original causes for the witch hunts in western Europe is introduced: the population sank in the 15th century and one reason, beside plagues, starvation and warfare, was that women aware of how to prevent childbearing and giving birth to a lot of children were killed during the witch hunt. Churches and kings introduced the prosecution of witches and wise women, including midwives.

The representation of the witch in French literature has evolved considerably over the centuries. While originally portrayed as a benevolent and caring healer in works by Marie de France, Chrétien de Troyes, and the anonymous author of Amadas et Ydoine , the witch eventually underwent a dramatic and unfortunate transformation. By the fifteenth century, authors began to portray her as a malevolent and dangerous agent of the Christian Devil. Martin Le Franc, Pierre de Ronsard, Joachim du Bellay, François Rabelais, and Pierre Corneille all created evil witch figures that corresponded with this new definition. It was not until the eighteenth century, through the works of Voltaire and the Encyclopédistes, that the rehabilitation of the witch began. By the twentieth century, Anne Hébert, Jean-Paul Sartre, Maryse Condé, and Sebastiano Vassalli began to rewrite the witch character by engaging in a process of demystification and by demonstrating that the "witch" was really just a victim of the society in which she lived. These authors humanized their witch figures by concentrating on the victimization of their witch protagonists and by exposing the ways in which their fictional societies unjustly created identities for their witch protagonists that were based on false judgments and rumors. Hébert attacks Sigmund Freud's association of the witch and the hysteric, Sartre utilizes his witches to expose many of his existential ideals, Condé highlights the role that racism played in witchcraft, and Vassalli strives to rewrite history by telling the story from the point of view of his witch character. Each twentieth-century author provides a story that deconstructs the very nature of the witch as this had been constructed over time, and shows how witches expose the problems associated with understanding one's place in the world in both their individual and their social dimensions. The witch, for these authors, challenges dominant norms and reveals how much our identities are influenced by our interactions with other individuals. And, because the witches in each text are marginal beings, they expose the repressiveness of their particular environments and the idiosyncrasies of their cultures. In all these ways, or so these 20 th -century authors contend, we as modern readers, can relate to their situations and learn from their stories.

On the Blacklist: Hollywood Reds and Witch Hunting in the American Motion Picture Industry (1947-1960) Abstract At the beginning of the Cold War, the American motion picture industry was struck with a "witch-hunt" that led to establishment of the so-called blacklist. Due to this controversial policy, three hundred "Reds" (actual or perceived members of the U.S. Communist Party) were shut out from work in Hollywood during 1947-1950. The first explanation of this phenomenon can be seen in the bipolarity of the post-war world where the United States took leadership in a crusade against the Soviet Union. One result of this seemingly international crusade was that it also became domestic-followers of the U.S. Communist Party became actual public enemies. A deeper analysis of whole issue, however, requires that other elements must be seriously taken into account. The microcosm of Hollywood, some principles of American thinking and the activities of the Reds themselves provide crucial insights into comprehensively understanding the complexity of blacklisting. Experience with the Hollywood blacklist included many different aspects. First of all, it was a political battle with the "inquisitors" from the House Committee on Un-American Activities who helped establish the anti-Communist policy in American motion...

Made available in DSpace on 2014-06-11T19:29:49Z (GMT). No. of bitstreams: 0 Previous issue date: 2011-02-25Bitstream added on 2014-06-13T19:59:47Z : No. of bitstreams: 1 marques_mc_me_sjrp.pdf: 878935 bytes, checksum: 764ef3d1dbc56457288c4d8d81bd3b78 (MD5) / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES) / Este trabalho propõe-se a rediscutir o conceito corrente de conto de fadas, tal como proposto por autores como Jolles (1976) e Propp (1983), a partir de um contraponto dessas teorias com as formulações de J. R. R. Tolkien em seu ensaio “Sobre histórias de fadas” (2006). Partindo dessa revisão, pretende-se demonstrar como As crônicas de Nárnia, de C. S. Lewis, pode ser lida como o que Tolkien denomina “história de fadas”, pois a presença da oposição entre o “mundo real”, com tempo e espaço histórico bem definidos, e o mundo maravilhoso ou “outro mundo” parece ser um fator decisivo para diferenciar um conto de fadas de uma história de fadas / This research proposes to revisit the current concept of fairy tale as proposed by authors such as Jolles (1976) and Propp (1983), counterpointing those theories with the formulations of J.R.R. Tolkien in his essay “On Fairy-Stories” (2006). The aim is to demonstrate how The Chronicles of Narnia, by C. S. Lewis, can be read as a fairy story according to Tolkien, since the presence of an opposition between the real world, with well defined time and historical space, and the wonderful world or other world seems to be a decisive factor to differentiate a fairy tale from a fairy story