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ISG scholar wins international book prizes for ground-breaking publication

12 August 2020 | Story Charlene Stanley | Photo Supplied

Dr Rebecca Swartz_read more — Dr Rebecca Swartz’s book Education and Empire: Children, Race and Humanitarianism in the British Settler Colonies, 1833-1880 has been honoured with various international awards.

Dr Rebecca Swartz, postdoctoral scholar in the International Studies Group, received glowing international recognition for her publication: Education and Empire: Children, Race and Humanitarianism in the British Settler Colonies, 1833-1880 (Cham: Palgrave, 2019).

The book has won the prestigious Grace Abbott Book Prize (best book in English) from the Society for the History of Children and Youth (SHCY), which is awarded biannually, as well as the International Standing Conference for the History of Education (ISCHE) First Book Award. It has also been nominated for the Kevin Brehony prize from the History of Education Society (UK).

“It feels wonderful to have my work recognised by the international academic community,” said a delighted Dr Swartz.

Education as tool for oppression

She explains that the book traces the involvement of government in the education of indigenous people across a number of former British colonies.

“It shows how education was increasingly seen as a government responsibility towards indigenous people during the nineteenth century. However, this does not mean that there was widespread access to education in the colonies; rather, education was provided along racial lines. In the two major sites of my study, KwaZulu-Natal (then Natal) and Western Australia, education for indigenous people was used to train them as workers, rather than to provide a literary education. The book shows that even when education was posed by imperial and colonial governments as a humanitarian intervention – something that would ‘uplift’, ‘improve’ or convert or ‘civilise’ the population – in settler colonial contexts such as South Africa and Australia, it was part of the apparatus of control and dominance over colonised people.”

For her, the most remarkable thing that her research has brought to light, was how the colonial project was full of contradictions. The imperial government provided education to the very same people it dispossessed of land and coerced into settlers’ labour forces.

“It was important for the British imperial government to appear to be humanitarian in outlook. However, they did not consider halting colonial settlement, and continued to violently colonise other parts of the world. As the nineteenth century progressed, they increasingly turned to rigid racial hierarchies to justify their practices,” says Dr Swartz.

International accolades

The SCHY called Dr Swartz’s work “a tour de force and an impressive template for how to do a multi-sited history where childhood is central to questions of imperial, political and educational history.”

The award committee’s commentary also stated: “Drawing on detailed archival research relating to the education of indigenous children in a range of British settler colonies, Rebecca Swartz offers convincing new insights into the centrality of childhood to shifting ideas around race and indigeneity in the British imperial project.”Some of the criteria considered by adjudicators of the ISCHE award were: Excellence and thoroughness of historical research, innovative and rigorous thinking, use of original and primary materials, and impact on history of education.

Relevance for SA education today

Dr Swartz believes the book shows that education (both schooling and broader social education, such as teaching children good manners and morals, for example) is always reflective of broader political contexts.

“My work shows how in this country, education systems were actually set up to support and sustain forms of colonial rule by keeping certain skills, institutions, and systems of knowledge away from the majority of the population, while simultaneously denigrating their pre-existing knowledge and education systems. We need to understand more about the colonial origins of our education practices if we are to radically shift these in order to make education more equitable and inclusive,” she explains.

ISG stimulating intellectual excellence

Dr Swartz describes the International Studies Group as “the most stimulating intellectual home that I have had in my research career to date”. She is grateful to be part of a community of brilliant scholars from all over the world, guided by Prof Ian Phimister, ISG Head, sharing ideas in formal seminars and also enjoying informal exchanges of ideas over coffee in the mornings.

“Prof Phimister has been a wonderful host and mentor. He is always available for advice and to read work, but also allows us postdocs to get on with what we do best: research and writing.”

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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