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Universities unite to discuss fragility and resilience in higher education

04 February 2020 | Story Michelle Nöthling | Photo Johan Roux

Fragility read more — The colloquium brought together students, staff and administration to work together on resolving ongoing problems within the higher education sector.

Where does resilience – or the lack thereof – in higher education come from? What does resilience and fragility even mean? These were some of the core issues examined during a recent symposium titled ‘Fragility and Resilience: Facets, Features and (Trans) Formations in Higher Education’. The Unit for Institutional Change and Social Justice hosted the event from 28 to 31 January 2020 on the University of the Free State (UFS) Bloemfontein Campus. The symposium – now in its seventh year – is a collaborative endeavour between the UFS, the University of California, Los Angeless (UCLA), and the Vrije Universiteit Amsterdam (VUA) to learn and share knowledge. “The real aim of the symposium is to address diversity and transformation issues from different contexts so that we can compare and contrast and learn best practices,” said Dr Dionne van Reenen, Senior Researcher in the Unit for Institutional Change and Social Justice, and convener of the event.

Against the Psychologisation of Resilience

In a keynote address, Prof Michalinos Zembylas from the Open University of Cyprus argued against the potential psychologisation of resilience. According to Prof Zembylas, the concept of resilience is often framed as the psychological capacity of the individual to thrive through vulnerability and change. Such a view inevitably places the responsibility for success or failure on the shoulders of the individual and ignores the collusion between systems of oppression and structural inequalities. “The concept of resilience has become part and parcel of neoliberal governmentality – a growing emphasis on autonomous and reflexive individuals who have the capacity to conduct their own risk assessments and pursue their own life opportunities,” Prof Zembylas said. Therefore, within this neoliberalist ideology with its emphasis on the individual, people are led to believe that they need to continually adapt to threats that are essentially out of their control. A resilient person is, in other words, someone who permanently transforms themselves to accommodate the world without the possibility of actually changing that world.

What impact does this have on higher education? Prof Zembylas noted that a neoliberalist perception of resilience discourages students “from imagining themselves as political agents who could collectively work to challenge harmful or unjust working and life practices”. Although universities use a great variety of tools and interventions to address students’ fragility, these approaches often focus on the vulnerability of the individual. Instead, Prof Zembylas proposed a shift towards an ontology that regards vulnerability as produced by conditions of oppression. A pedagogy of oppression is different from a pedagogy of vulnerability, since “instead of focusing on vulnerabilities, you would rather instil confidence in subjects to say no to abuse of power”.

The nature and role of student hope and meaning in goal setting and life satisfaction

Prof Itumeleng Khumalo, Associate Professor in the Department of Psychology at the UFS, delivered the following day’s keynote address. “Many studies concerned with youth have focused on their fears, worries and anxieties, instead of positive functioning and satisfaction with life,” Prof Khumalo remarked. In contrast, he opted to look at how hope and meaning shape students’ goals for higher education. Focusing on hope and meaning, however, does not deny the fact that South African students, in particular, are faced with substantial challenges. The majority of students enrolling in higher education in South Africa are first-generation entrants. Seventy percent of students do not have a graduate parent, and 45% do not have any family members who graduated. Most of these students are burdened with fears of failing, financial problems, difficulties with accommodation, worries about family members, inadequate knowledge regarding digital technology, and lack of support.

Despite the above, a study by Prof Khumalo and Dr Angelina Wilson Fadiji showed that 85% of their student sample expected life would get better as a result of their education. The vast majority of students indicated that their main goal was to attain employment and build a career as a result of tertiary education. Students believe that getting an education will afford them opportunities to get ahead in life and enable them to become financially independent. “The perceived linear pathway from education to a better and successful life remains the dominant belief among these students, rendering education an undisputed panacea,” Prof Khumalo said. Ultimately, hope and meaning are sources of direction and motivation, and institutions of higher learning play a crucial role in human capacity development.

The colloquium was a platform to share and collaborate on complex issues in higher education.

Prof Ruad Ganzevoort, Diversity Officer and Dean of Theology and Religion at VUA

Prof Cindy Fan, Vice-Provost: International Studies and Global Engagement and Dr Gene Block, UCLA Chancellor

Prof Michalinos Zembylas, delivered the Keynote address on Tuesday 28 January 2020.

Prof Abel Valenzuela, director of the UCLA Institute for Research on Labor and Employment.

Fragility and Resilience Colloquium meet-and-greet on Tuesday 28 January 2020

At the meet-and-greet on Monday are from left; Prof Ruad Ganzevoort, Prof Francis Pietersen and Dr Gene Block

Prof Puleng LenkaBula, Vice-Rector: Institutional Change, Student Affairs and Community Engagement opened the colloquium on Tuesday 28 January 2020.

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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