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08 February 2022 | Story Nombulelo Shange | Photo Andre Damons
Romantic love is important and revolutionary and a crucial rebellion when done in a way that is genuine and does not cause pain, writes Nombulelo Shange, Lecturer in the Department of Sociology at the UFS, and Chairperson of the University of the Free State Women’s Forum.

Opinion article by Nombulelo Shange, Lecturer in the Department of Sociology at the University of the Free State and Chairperson of the University of the Free State Women’s Forum.


Twenty-first-century dating is a nightmare; trying to find the perfect partner can feel like an extreme sport that will literally end you. Dating apps such as Grindr, Bumble, and Tinder are supposed to make finding a partner easier in the stressful modern world, but they add a deeper layer of complexity that turns unsuspecting lovestruck users into sacrificial lambs when they enter the sea of serial cheaters and broken people who flood the apps. All of this is a giant mess that has been made worse by the COVID-19 pandemic, where going out on a date can be a death sentence. 

 

But even with that said, romantic love is important and revolutionary and a crucial rebellion when done in a way that is genuine and does not cause pain. Considering an interpersonal phenomenon such as love as revolutionary is unusual, but when you consider historical events that politicised love and still have an impact on the ways we live today, one realises that love is one of the most important, relatively accessible acts of rebellion needed to undo some of the injustices of the past. The beauty of love is that it is more within our reach as individuals, compared to other grander revolutionary actions such as free education and land expropriation, which require mass action from citizens or big policy shifts and action from structures such as the state, judiciary, and even the profit-driven private sector. Love as a revolution does not rely as heavily on the slow bureaucracies of institutions, which are unwilling to adequately address injustices. Love just requires individuals to make an active choice to be together and to care for each other in ways that empower the individual and the collective. But as ‘easy’ as it sounds, many struggle to find it, and even those who have it struggle to enjoy the transformation that should come with the bond that love should create. I want to argue that this is in part because of the historical politicisation of love, which has not been unlearned even though we enjoy relatively more freedoms today; instead, this politicisation of love has in some ways become ‘cultural norms’ that we blindly and unquestioningly follow, even to our own detriment.

Love and Patriarchal Culture

Discourse on love and family tends to not enjoy as much prominence in macro-institutions such as economies or states. But understanding micro-phenomena such as family, love, and relationships is important for knowing how macro-institutions work and to make sense of social life. This is in part because the socialisation we receive from our families has the potential to influence how we interact with macrostructures as active agents who influence and can be influenced by structures. Even our leaders and the decisions they make are greatly influenced by their family and community socialisation. Discourse on family started to gain dominance in the 1960s through the rise of radical feminism, which popularised slogans such as ‘the personal is political’ as a way of challenging family values, and particularly the nuclear family structure that perpetuated the oppression and at times abuse of women and children in the family, because domestic issues were not considered public concern. 

But even with this rise, discourse on love and family is still largely lacking or only confined to psychological and feminist discourse. Feminist scholar and American professor, the late Bell Hooks, is one scholar who tries to make sense of social life in relation to love, highlighting its importance and the challenges linked to it. In her 2004 book, The Will to Change: Men, Masculinity and Love, Hooks says: 

Every female wants to be loved by a male. Every woman wants to love and be loved by the males in her life. Whether gay or straight, bisexual or celibate, she wants to feel the love of father, grandfather, uncle, brother, or male friend. If she is heterosexual, she wants the love of a male partner. We live in a culture where emotionally starved, deprived females are desperately seeking male love.

She later highlights the reason for the desperation and deprivation of male love. Women and girls are taught to believe that male love and attention are more important than the love of women, while men are taught that love is a weakness. An idea that even very young children are exposed to in fairy tales, where princesses and girls are constantly seeking approval from withholding or absent fathers or need a prince saviour. Men who show genuine love to their mothers, brothers, sisters, friends, or partners risk their masculinity, because part of being ‘truly manly’ is withholding love. 

Historically Politicised Love

Hook’s analysis of love helps us to understand some of the dynamics of how the nuclear family exists, even as it marginalises women. Women are often willing to perform free labour in the home, partly because they are seeking the love they are deprived of. This labour allows their husbands, brothers, and fathers to be productive at work and reaffirms their manliness. The invisible labour performed by women in the home is what allows the workplace to exist unencumbered. In South Africa and much of the African context, this exploitation did not just happen along gender lines, it was racial too. The building of capitalism on the continent rested on the dismantling of African families and the destruction of black love. Your worth was only based on your usefulness as a servant or slave, and how you could strengthen Western structures, from family to economy or state. African men were torn from their families and sent to work in fields and mines, while black women were isolated from their children in order to raise those of white women. Even sex, an important expression of love and pleasure and a way to build families, was used as a repressive tool. It was used for ‘breeding’ slaves to be sold. Rape was used as punishment to correct defiance. Homosexual and interracial love was unthinkable and illegal because it threatened the heteronormative, Western dominance status quo.

Love as Revolutionary Action

Love is important, because it offers abstract and emotional needs such as companionship, caring, and happiness, which can spill over to other parts of life, making us better individuals. Love can also be a lifesaving, poverty-eradicating tool that creates healthier, stronger communities. The cost of living globally is becoming higher and is leading to a shrinking middle class. Having someone to share the load, a home, and resources with, means we can undo some of the challenges that push us into poverty or financial difficulty. You can improve your quality of life and come a step closer to accessing rights and a lifestyle that you might never have been able to achieve alone. For women and people of colour, love is an even more important revolutionary action, since it was never intended for us to receive because of the fear that it would disrupt the status quo that rested on our oppression. When we play the games we play, when we hurt each other instead of forming meaningful connections, we take ourselves back to the state of love deprivation that Hook talks about. This is harmful even to men, especially black men, because to live life fearful of love is to live a life of emptiness that maintains the colonial shackles that were designed for you. 

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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