The main focus of this study is Benhabib' s concepts of the 'concrete other' and
'interactive' universalism, Cornell's 'ethical' feminist thought and Nedelsky's argument on
'rights as relationship'. The need for an affirmation of the feminine is emphasised. I argue
that we should strive towards a 'new choreography of sexual difference' based on the
ethical view that 'woman' cannot be described in the present. She is the beyond. My study
explore the implications of ethical feminism for the possibility of the transformation of a
legal system and society as a whole. In this regard it lays particular emphasis on Derrida's
concept of 'justice as aporia' and justice as limit to a legal system. I discuss pornography
as a concrete example of texts that may either frustrate transformation or contribute to
it. I argue in . this regard that pornography should not be banned but that access to
pornography should be subjected to restrictions. This approach will serve the ambigious
nature of pornography as both a threat to and a vehicle for the exploration of the feminine
in contemporary society. / Private Law / LL.M.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:uir.unisa.ac.za:10500/17732 |
| Date | 11 1900 |
| Creators | Van Marle, Karin |
| Contributors | Van der Walt, J.W.G. |
| Source Sets | South African National ETD Portal |
| Language | Afrikaans |
| Detected Language | English |
| Type | Dissertation |
| Format | 1 online resource ( iii, 117 leaves) |
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