Made available in DSpace on 2016-03-15T19:34:46Z (GMT). No. of bitstreams: 1 Eugenia Maria Veloso de Araujo Pickina.pdf: 817989 bytes, checksum: 6752415ca88558b8788aa2be485a5f34 (MD5) Previous issue date: 2009-08-10 / In this dissertation we will examine the public-private dichotomy as to demonstrate the necessity of a new conceptual view over these areas of action which have been properly limited by the ascendancy of the bourgeois in modernity. Firstly, based on The Human Condition of Hannah Arendt, we will evaluate the limitations and gaps of the author s male perspective, who rescues the Greek s concept of action and uses it as basis for her political thesis against the failure of the moderns to implement public life; then, based on The Sexual Contract of Carole Pateman, the author s counter-speech to patriarchycapitalism which reveals the existence of the sexual contract under the social contract will be examined. Finally, we will seek to reflect on the antinomies of the modern project, namely the paradigm of modern science and the romantic movement, in order to understand the injunctions relating to private and public life that in modernity correspond to the bourgeois social order. As the distinction between public and private is ideological, on its basis it establishes the hierarchical relationships between the sexes in accordance to a polarized vision and kept by the male order with capitalism. / Neste trabalho, buscaremos analisar a dicotomia público-privado no propósito de demonstrar a necessidade de um novo exame conceitual sobre esses espaços de atuação, convenientemente delimitados à ascendência burguesa na modernidade. Em primeiro lugar, com base em A Condição Humana, de Hannah Arendt, serão avaliados os limites e as lacunas da perspectiva masculinista dessa autora, que resgata dos gregos o conceito de ação e o utiliza como fundamento para sua tese política contra a incapacidade dos modernos para pôr em prática a vida pública; em segundo lugar, com base em O Contrato Sexual, de Carole Pateman, será examinado seu contradiscurso ao patriarcado-capitalismo, que denuncia a existência do contrato sexual, sob o contrato social. Por fim, procuraremos refletir as antinomias do projeto moderno, ou seja, o paradigma da ciência moderna e o movimento romântico, para compreender as injunções relativas à vida privada è a vida pública, que, na modernidade, correspondem à ordem social burguesa. Como a distinção entre público e privado é ideológica, em sua base ela consagra as relações hierárquicas entre os sexos, segundo uma visão polarizada e mantida pela ordem masculina com capitalismo.

Substantive gender equality has yet to be achieved in South Africa. As such, when a decision is made for one of the spouses to a civil marriage to stay at home and care for the children born of the marriage, or make career sacrifices to care for children, that spouse is usually the wife. As a result, while the husband continues to amass wealth and grow his earning potential, the wife is unable to do so. In circumstances where such spouses are married out of community of property or subject to the accrual system with onerous exclusion clauses in the antenuptial contract, the wife may be left with little more than a claim for rehabilitative maintenance in the event of a divorce. The courts only have the discretion to make an equitable distribution of marital property in civil marriages with complete separation of property concluded prior to 1 November 1984 (or 2 December 1988) and customary marriages. It is arguable that this limitation of the judicial discretion violates the equality clause contained in the Constitution of the Republic of South Africa, 1996. A broad judicial discretion to equitably redistribute the spouses’ assets upon divorce is therefore proposed in this dissertation. / Private Law / LL.M.

Substantive gender equality has yet to be achieved in South Africa. As such, when a decision is made for one of the spouses to a civil marriage to stay at home and care for the children born of the marriage, or make career sacrifices to care for children, that spouse is usually the wife. As a result, while the husband continues to amass wealth and grow his earning potential, the wife is unable to do so. In circumstances where such spouses are married out of community of property or subject to the accrual system with onerous exclusion clauses in the antenuptial contract, the wife may be left with little more than a claim for rehabilitative maintenance in the event of a divorce. The courts only have the discretion to make an equitable distribution of marital property in civil marriages with complete separation of property concluded prior to 1 November 1984 (or 2 December 1988) and customary marriages. It is arguable that this limitation of the judicial discretion violates the equality clause contained in the Constitution of the Republic of South Africa, 1996. A broad judicial discretion to equitably redistribute the spouses’ assets upon divorce is therefore proposed in this dissertation. / Private Law / LL. M.