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ISG’s Sarah Frank researches impact of historic conflicts on society
Dr Sarah Frank, postdoctoral researcher at the ISG.

History has an interesting connection with society, as we all grow up learning about our country’s history and studying it at school. However, what we learn at school is often a glorified version of events. It can sometimes be challenging for historians to come to grips with the most accurate version of a particular ‘history’. 

Dr Sarah Frank is a postdoctoral research fellow with the International Studies Group (ISG), who fell in love with history at a young age. She says, "I was very lucky to have outstanding history teachers at school who fostered my interest and curiosity." Early on, though, she experienced disappointment. "In school, there was a series of biographies of American leaders and presidents written for children. I remember feeling betrayed when I subsequently learnt that the biographies had not presented a well-balanced narrative. That is when I learnt that history could be debated and interpreted—and it is full of nuances."

Interested in conflict shaping lives

Dr Frank was particularly intrigued by the social and political history of the Second World War (WWII). She describes her interest in this way: "The Second World War looms in popular memory as much as in the historical one. I am interested in how conflict shaped people’s lives during and after the war." Being a speaker of French helped her to focus on the impact of the war on France, and having spent a few years living in West Africa, confronted with the lingering colonial past, she decided to home in on the French empire, with particular attention to colonies, captivity, and the repercussions of war experiences when soldiers returned home. Additionally, she explores the themes of decolonisation, the roots of independence movements, and the lingering ties between the former imperial powers and former colonies.

Although she grew up near Boston, Massachusetts, studied for her master's in Dublin, and has lived in far-flung places such as Guinea (while serving with the Peace Corps) and Dakar, Dr Frank says, "I have lived in a lot of places, but Bloemfontein is definitely one of my favourites!"

“I was very lucky to have outstanding
history teachers at school who
fostered my interest and curiosity.”
Dr Sarah Frank

Colonial POWs her new focus

Currently, Dr Frank is writing a book based on her PhD research, which delved into the experiences of approximately 85 000 soldiers in captivity from across the French Empire, who fought in France from 1939-1940. The Germans decided to racially separate the colonial prisoners of war (CPOWs), taking white prisoners to Germany and leaving the colonial prisoners in camps across occupied France. This created opportunities for colonial prisoners to interact with the French civilians, something which rarely occurred in the strict hierarchical colonial regime. Perhaps surprisingly, considering the racism of both the French and German regimes, Colonial prisoners fared better in captivity in France than their French counterparts did in Germany.

Dr Frank's next project will trace the return of the African soldiers who fought during the Second World War. She seeks to understand what happened to them as well as their families when they returned, and to see if their experience actually impacted the growing independence movements which arose following 
WWII.

News Archive

UFS law experts publish unique translation
2006-06-21

Attending the launch of the publication were from the left:  Prof Boelie Wessels (senior lecturer at the UFS Faculty of Law), Prof Frederick Fourie (Rector and Vice-Chancellor of the UFS), Prof Johan Henning (Dean: UFS Faculty of Law) and Adv Jaco de Bruin (senior lecturer at the UFS Faculty of Law). Prof Wessels translated the treatise from corrupted medieval lawyer Latin into English, Prof Henning is the leading author and initiator of the publication and Adv de Bruin assisted with the proofreading and editing. Photo: Stephen Collett

UFS law experts publish unique translation of neglected source of partnership law

The Centre for Business Law at the University of the Free State (UFS) has translated a unique long neglected Roman-Dutch source of the law of partnership law from Latin into English.  This source dates back to 1666. 

The book, called Tractatus de Societate (A Treatise on the Law of Partnership), by Felicius and Boxelius is published as Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law.  It is the first translation of this Roman-Dutch source into English and comprises of a comprehensive discussion of the South African common law of partnerships.  

“Apart from various brief provisions dealing on a peace meal and an ad hoc basis with diverse matters such as insolvency, there is no comprehensive Partnership Act in South Africa.  The law of partnership in South Africa consists of South African common-law, which is mainly derived from Roman-Dutch law,” said Prof Johan Henning, Dean of the Faculty of Law at the UFS.  Prof Henning is also the leading author and initiator of this comprehensive publication.

“Countries such as America, England, Ireland and The Netherlands have drafted or are in the process of establishing new modern partnership laws in line with new international guidelines, practices and commercial usages,” said Prof Henning.

“However, in South Africa the most recent policy document released by the Department of Trade and Industry explicitly excludes partnership law from its present company law reform programme and clearly regards this as an issue for another day,” said Prof Henning.

“Unless there is a political will to allocate the necessary resources to a comprehensive partnership law revision program, it is a practical reality that South Africa will not have a modern Partnership Act in the foreseeable future,” said Prof Henning. 

According to Prof Henning South African courts have been using the Roman-Dutch partnership law sources as authority.  “The English Partnership Act of 1890 is not binding and the English text books should therefore be approached with caution,” said Prof Henning.

“A treatise on the law of partnership that has been regarded by South African courts as an important common law authority is that of  a Frenchman by the name of Pothier.  This treatise was translated into English and was regarded as an au­thority of significance in The Netherlands towards the end of the eighteenth century,” said Prof Henning. 

“Pothier’s opinions are however not valid throughout in the Roman-Dutch partnership law as it did not apply to the Dutch province of The Netherlands and it sometimes also rely on local French customs for authority,” said Prof Henning.

For this reason the Centre for Business Law at the UFS decided to focus its attention again on the significance of the comprehensive treatise of Felicius and Boxelius on the Roman-Dutch partnership law.  Felicius was an Italian lawyer and Boxelius a Dutch lawyer.

This long neglected source of partnership law was published in 1666 in Gorkum in The Netherlands.  "A significant amount of Roman-Dutch sources of authoritive writers trusted this treatise and referred to it,” said Prof Henning.

The translation of the treatise from corrupted medieval lawyer Latin into English  was done by Prof Boelie Wessels, a very well-known expert on Roman Law and senior lecturer at the UFS Faculty of Law.  Prof Wessels, who  has 15 degrees, spent almost ten years translating the treatise.  The proofreading and editing of the translation was done by Prof Henning and Adv Jaco de Bruin, a senior lecturer at the UFS Faculty of Law.

“We want the South African courts to use Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law as the primary source of reference when cases where Roman-Dutch Law partnership law principles are involved, are ruled on,” said Prof Henning.

The first part of the publication comprises of selected perspectives on the historical significance of the work as well as a translation of selected passages. “The intention is to follow this up expeditiously with the publication of a very limited edition of a complete translation of the work,” said Prof Henning.

A total of 400 copies of the publication will be distributed to all courts, the Appeal Court and the Supreme Court.

Media release
Issued by: Lacea Loader
Media Representative
Tel:   (051) 401-2584
Cell:  083 645 2454
E-mail:  loaderl.stg@mail.uovs.ac.za
21 June 2006

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