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Law-Life: Colonialism and the flows of the political
Dissertation (MA)--University of Pretoria, 2017.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2017
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| _version_ | 1867613538148679680 |
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| access_status_str | Open Access |
| author2 | Kistner, Ulrike |
| author_browse | Kistner, Ulrike |
| author_facet | Kistner, Ulrike |
| collection | Thesis |
| dc_rights_str_mv | © 2017 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Dissertation (MA)--University of Pretoria, 2017. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/62674 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:44.183Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2017 |
| publishDateRange | 2017 |
| publishDateSort | 2017 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/62674 Law-Life: Colonialism and the flows of the political Kistner, Ulrike spaghetti.studios@gmail.com Van Marle, Karin Nethersole, Reingard Delport, Petrus Terblanche UCTD Socio-economic rights Colonialism Human rights The political Dissertation (MA)--University of Pretoria, 2017. In the Constitutional Court case of Mazibuko and Others v The City of Johannesburg and Others CCT 39/09 [2009], a case dealing with the question of access to water, the presiding judge, Kate O'Regan CJ, makes the following opening remarks to the judgment: 'Water is life. Without it, nothing organic grows. Human beings need water to drink, to cook, to wash and to grow our food. Without it, we will die. It is not surprising then that our Constitution entrenches the right of access to water'. My aim in this dissertation is to investigate the couplet of law-life and the political in the Constitutional Court case of Mazibuko and Others v The City of Johannesburg and Others. The case stands as an exemplar of the intersection of life and the political by virtue of its focus on socio-economic rights, specifically the right of access to water enshrined in the Constitution. The history of the case, the jurisprudence employed by the courts, and the responses and critiques to the Mazibuko case add to the problematics to be investigated here. What would it entail if the couplet of law-life would be brought to the concept of the political? It would mean interrogating how life and law is constructed by the political and not merely how the political manages and regulates life through law. If life is considered to be a matter of bare necessities, or mere biological life, there would not be a need to consider the question of the political relation to life; it could be delegated, as it has practically been, to technocratic governmental policy. Bringing the political to questions of life would reveal how the political implicates life in its constituting moment. In this dissertation, I will explore how the political could be brought to the couplet of law-life, focusing particularly focus on socio-economic rights, international law, colonialism, and constitution making. Philosophy MA Unrestricted 2017-10-11T11:55:58Z 2017-10-11T11:55:58Z 2017-09-06 2017 Dissertation Delport, PT 2017, Law-Life: Colonialism and the flows of the political, MA Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/62674> S2017 http://hdl.handle.net/2263/62674 en © 2017 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Socio-economic rights Colonialism Human rights The political Law-Life: Colonialism and the flows of the political |
| title | Law-Life: Colonialism and the flows of the political |
| title_full | Law-Life: Colonialism and the flows of the political |
| title_fullStr | Law-Life: Colonialism and the flows of the political |
| title_full_unstemmed | Law-Life: Colonialism and the flows of the political |
| title_short | Law-Life: Colonialism and the flows of the political |
| title_sort | law life colonialism and the flows of the political |
| topic | UCTD Socio-economic rights Colonialism Human rights The political |
| url | http://hdl.handle.net/2263/62674 |