This is an ethnographic study of discourses and experiences concerning sexual exchanges among kin “who are too closely related to marry each other” (OED), or what in lay language is called “incest”. I investigate the ways in which a certain kind of incest, that between older men and younger women, primarily from different generations, is experienced by women of predominantly rural origin, who have been hospitalized in the major public psychiatric hospital in Bolivia, in Sucre. In this sense, this research is as much a study of incest as it is of psychiatric institutionalization. These experiences will be considered in the context of a wider field of ethnic, class and gender discourses that are produced by medical staff, community organizations, as well as national judicial institutions. The category of 'incest' is problematized in terms of how kinship is constructed, not only as a series of dynamic discourses (as practices whose effect is the production of events) but also as mobile experiences, however socially regulated. With this in mind, I present an account of Andean concepts and treatment of incest, as well as of legal and medical categories. Specifically, I focus on the play between discourses in the context of the psychiatric hospital, the judicial court and the communities of selected inmates. I show how the inmates' experiences of intergenerational incest and sexual violence in general are related to the dominant ethnic, class and gender narratives produced by medical staff, community organizations, and judicial institutions.

This study provides a feminist analysis of protective labor legislation in the Supreme Court case of UAW v. Johnson Controls, Inc. History of protection rhetoric and precedented cases leading up to UAW are provided. Using a feminist analysis, this study argues that the victory for women's labor rights in UAW is short lived, and the cycle of protection rhetoric continues with new pro-business agendas replacing traditional justifications for "protecting" women in the work place. The implications of this and other findings are discussed.

This thesis is a case study of the implementation of Ontario's 1987 pay equity legislation. Ontario's pay equity legislation was very progressive and was aimed at eliminating the portion of the wage gap between men and women caused by discrimination. The legislation mandated both public and private sector employers with more than 10 employees to create pay equity plans to eliminate the discriminatory portion of the wage gap. The legislation has met with some success. However, measuring the progress of eliminating wage discrimination is difficult because the Ontario government was unwilling to impose a coercive implementation regime. Consequently, the government has little information to measure either employer compliance or the results of employer pay equity plans. Employers have few incentives to comply with the legislation and the implementing agency has insufficient financial resources to monitor compliance. Clearly this implementation regime was a delicate political balancing of the interests of business and labour and women.

This thesis is a case study of the implementation of Ontario's 1987 pay equity legislation. Ontario's pay equity legislation was very progressive and was aimed at eliminating the portion of the wage gap between men and women caused by discrimination. The legislation mandated both public and private sector employers with more than 10 employees to create pay equity plans to eliminate the discriminatory portion of the wage gap. The legislation has met with some success. However, measuring the progress of eliminating wage discrimination is difficult because the Ontario government was unwilling to impose a coercive implementation regime. Consequently, the government has little information to measure either employer compliance or the results of employer pay equity plans. Employers have few incentives to comply with the legislation and the implementing agency has insufficient financial resources to monitor compliance. Clearly this implementation regime was a delicate political balancing of the interests of business and labour and women. / Arts, Faculty of / Political Science, Department of / Graduate

Castilian law developed during the Reconquest of Spain. Women received certain legal rights to persuade them to move to the villages on the expanding frontier. These legal rights were codified in Las Siete Partidas, the monumental work of Castilian law, compiled in the thirteenth century. Under Queen Isabella, Castilian law became the law of all Spain. As Spain discovered, explored, and colonized the New World, Castilian law spread. The Recopilacidn de Los Leyes de Las Indias complied the laws for all the colonies. Texas, as the last area in North America settled by Spain, retained Castilian law. Case law from the Bexar Archives proves this for the Villa of San Fernando(present-day San Antonio). Castilian laws and customs persisted even on the Texas frontier.

The subject and the scope of this study are the challenges faced by Muslim women in contemporary societies as presented by the four prominent authors: Leila Ahmed, Elizabeth Fernea, Fatima Mernissi and Amina Wadud. The methodology applied to the literary analysis is the feminist-qualitative research approach in religious studies with specific reference to Islamic feminist studies. Many Muslim women scholars criticise the study of Third World women as objects of study-cases who are rarely heeded as serious scholars. Misconceptions about Islam and Muslim women are common in Western society. Previous studies have not dealt with the issue satisfactorily and failed to provide a holistic picture. The challenges faced by Muslim women have been interpreted against a Western feminist framework, thus causing more harm than good. The resultant predicament is the subject of this study in which Muslim women’s own attitudes and responses to their present circumstances and future prospects are explored. How and why Muslim women are challenged? How do they envisage the resolution of these challenges? The purpose of this study is to provide a framework that can give an adequate account of challenges as seen by Muslim women and to evaluate strategies that can provide suitable solutions to these challenges. Firstly, an objective Giele/Smock/Engineer framework was developed with reference to the most pressing challenges (articulated in well-documented definitions and descriptions) faced by Muslim women in contemporary societies. These key issues of women’s rights on political participation, education, work, family, and social participation were discussed and analysed in the light of this women-centred approach with specific reference to the writings of four prominent women authors: Leila Ahmed, Elizabeth Fernea, Fatima Mernissi and Amina Wadud. Each author has brought her own particular perspective and area of expertise into the discussion – sometimes arguing among with the other authors in a virtual ‘roundtable’ discussion; at times joining hands in mutual agreement. Finally, Muslim women’s struggle against injustice was subjected to critical scrutiny with particular attention to common strategies and solutions that the four authors have used and developed in the light of the modern debate. It is in the latter discussion that the study reached its ultimate goal by determining how the challenges have been met. Moreover, Islamic feminism was assessed to determine how it related to and coped with social change and how effective it has been in seeking to assert rights of and find justice for women through historical, anthropological, socio-political and hermeneutical approach. / Religious Studies / D. Th. (Religious Studies)

Text in Afrikaans / In hierdie ondersoek is navorsing gedoen oor die Romeinse huweliksverhouding ten einde vas te stel of die klassieke Romeinse reg die Romeinse vrou se huweliksverhouding beskerm het indien dit deur haar man se wangedrag geskend is. Die navorsing het getoon dat, soos in die Suid-Afrikaanse reg, die Romeinse huweliksverhouding teen die klassieke tydperk 'n consortium omnis vitae met veral morele huwelikspligte was en dat die nie-nakoming van hierdie pligte op wangedrag en skending van die huweliksverhouding neergekom het. Daar is tot die gevolgtrekking gekom dat, soos in die moderne reg, ook die Romeinse man die huweliksverhouding kon skend deur wangedrag, beperkte vorme van seksuele wangedrag, iniuria en bigamie. Die klassieke Romeinse reg het egter nie aan die Romeinse vrou direkte regsbeskerming verleen by die man se skending van die huweliksverhouding deur wangedrag nie. Sy het egter wel indirekte regsbeskerming in die vorm van toevlugof afskrikmiddels (soos egskeiding en die dos) geniet. / In this study research has been done on the Roman marital relationship in order to determine whether classical Roman law protected the Roman wife's marital relationship if it had been breached by her husband's misconduct. Research has shown that by the classical period, as in South African law, the Roman marital relationship was a consortium omnis vitae with primarily moral marital duties. Non-compliance with these duties amounted to misconduct and breach of the marital relationship. It was concluded that, as in modern law, the Roman husband too could be in breach of his marital relationship through misconduct, limited forms of sexual misconduct, iniuria and bigamy. However, classical Roman law did not grant the Roman wife any direct legal protection where her husband was in breach of the marital relationship because of misconduct. She nevertheless enjoyed indirect legal protection in the form of deterrents (such as divorce and the dos). / Law / LL.M.

This thesis is a translation of a chapter that examines the role of Muslim women in politics during the early Islamic period and their engagement with religious and political discourses. This subject raises a combination of provocative challenges for Islamic discourse as Muslim women have had a complex relationship with their religious tradition dating back to the very inception of Islam. Despite Qur’ānic injunctions and Prophetic affirmations of the egalitarian status of Muslim women, social inequality and injustice directed at women remains a persistent problem in Muslim society. In the translated text Abū Shaqqah goes about re-invoking the normative tradition in order to affirm the role of Muslim women in politics. Furthermore the translation is prefaced by a critical introduction outlining the contours of the 20th century landscape, which attempts to describe the struggle of Muslim women in Abū Shaqqah’s time. / Religious Studies and Arabic / M.A. (Arabic)

The subject and the scope of this study are the challenges faced by Muslim women in contemporary societies as presented by the four prominent authors: Leila Ahmed, Elizabeth Fernea, Fatima Mernissi and Amina Wadud. The methodology applied to the literary analysis is the feminist-qualitative research approach in religious studies with specific reference to Islamic feminist studies. Many Muslim women scholars criticise the study of Third World women as objects of study-cases who are rarely heeded as serious scholars. Misconceptions about Islam and Muslim women are common in Western society. Previous studies have not dealt with the issue satisfactorily and failed to provide a holistic picture. The challenges faced by Muslim women have been interpreted against a Western feminist framework, thus causing more harm than good. The resultant predicament is the subject of this study in which Muslim women’s own attitudes and responses to their present circumstances and future prospects are explored. How and why Muslim women are challenged? How do they envisage the resolution of these challenges? The purpose of this study is to provide a framework that can give an adequate account of challenges as seen by Muslim women and to evaluate strategies that can provide suitable solutions to these challenges. Firstly, an objective Giele/Smock/Engineer framework was developed with reference to the most pressing challenges (articulated in well-documented definitions and descriptions) faced by Muslim women in contemporary societies. These key issues of women’s rights on political participation, education, work, family, and social participation were discussed and analysed in the light of this women-centred approach with specific reference to the writings of four prominent women authors: Leila Ahmed, Elizabeth Fernea, Fatima Mernissi and Amina Wadud. Each author has brought her own particular perspective and area of expertise into the discussion – sometimes arguing among with the other authors in a virtual ‘roundtable’ discussion; at times joining hands in mutual agreement. Finally, Muslim women’s struggle against injustice was subjected to critical scrutiny with particular attention to common strategies and solutions that the four authors have used and developed in the light of the modern debate. It is in the latter discussion that the study reached its ultimate goal by determining how the challenges have been met. Moreover, Islamic feminism was assessed to determine how it related to and coped with social change and how effective it has been in seeking to assert rights of and find justice for women through historical, anthropological, socio-political and hermeneutical approach. / Religious Studies / D. Th. (Religious Studies)

Text in Afrikaans / In hierdie ondersoek is navorsing gedoen oor die Romeinse huweliksverhouding ten einde vas te stel of die klassieke Romeinse reg die Romeinse vrou se huweliksverhouding beskerm het indien dit deur haar man se wangedrag geskend is. Die navorsing het getoon dat, soos in die Suid-Afrikaanse reg, die Romeinse huweliksverhouding teen die klassieke tydperk 'n consortium omnis vitae met veral morele huwelikspligte was en dat die nie-nakoming van hierdie pligte op wangedrag en skending van die huweliksverhouding neergekom het. Daar is tot die gevolgtrekking gekom dat, soos in die moderne reg, ook die Romeinse man die huweliksverhouding kon skend deur wangedrag, beperkte vorme van seksuele wangedrag, iniuria en bigamie. Die klassieke Romeinse reg het egter nie aan die Romeinse vrou direkte regsbeskerming verleen by die man se skending van die huweliksverhouding deur wangedrag nie. Sy het egter wel indirekte regsbeskerming in die vorm van toevlugof afskrikmiddels (soos egskeiding en die dos) geniet. / In this study research has been done on the Roman marital relationship in order to determine whether classical Roman law protected the Roman wife's marital relationship if it had been breached by her husband's misconduct. Research has shown that by the classical period, as in South African law, the Roman marital relationship was a consortium omnis vitae with primarily moral marital duties. Non-compliance with these duties amounted to misconduct and breach of the marital relationship. It was concluded that, as in modern law, the Roman husband too could be in breach of his marital relationship through misconduct, limited forms of sexual misconduct, iniuria and bigamy. However, classical Roman law did not grant the Roman wife any direct legal protection where her husband was in breach of the marital relationship because of misconduct. She nevertheless enjoyed indirect legal protection in the form of deterrents (such as divorce and the dos). / Law / LL.M.