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15 March 2022

The Dean of the Faculty of Law invites staff and interested individuals to attend the inaugural lecture of Prof Ulrike Kistner, Department of Public Law, titled The ‘person’ in question – legally, grammatically, philosophically.

Date: 17 March 2022
Time: 17:30
Venue: Equitas Auditorium

To attend the lecture, please RSVP to Refilwe Majola at MajolaRRM@ufs.ac.za

More about the speaker:

Prof Kistner has held teaching positions in Comparative Literature at Wits University, Modern European Languages at UNISA, and Philosophy at the University of Pretoria. She is currently working at intersections between political philosophy, social theory, jurisprudence, and psychoanalytic theory.

Abstract:

A major shift has been noted in constitutionalism and human rights frameworks – from human and civil rights to principles centred on ‘personhood’ and ‘dignity’. This shift calls for closer historical-critical investigation of the status of ‘person’. Roberto Esposito directs this inquiry to a philosophical grammar of the impersonal third person.

My contribution to this inquiry sets in with a probing of Esposito’s propositions, considering the post-apartheid elevation of ‘person’ in constitutionalism and philosophical elaborations of communitarianism. To the extent that the concept of ‘ubuntu’ is embedded in a linguistic ontology developed by Kinyarwanda, my argument will navigate between Rwanda and South Africa in the mid-1990s, and between juridical, moral-philosophical, linguistic, and Africanist notions of ‘ubuntu’ and corresponding claims on African philosophy.

The radical questioning of ethnolinguistic tenets on the part of some African philosophers brings me back to the philosophical grammar of the third person which, far from being confined to study old grammar books, opens alternatives to ethnophilosophical approaches to the ‘person’ in question. 

News Archive

SA must appoint competent judges
2009-05-08

 

At the inaugural lecture are, from the left: Prof. Teuns Verschoor, Acting Rector of the UFS, Judge Farlam and Prof. Johan Henning, Dean of the Faculty of Law at the UFS.

Supreme Court of Appeal Judge Ian Farlam has called on the South African government to appoint and continue to appoint competent, fair and experienced judicial officers to sit in the country’s courts.

He also emphasised the need to have an efficient and highly respected appellate division, which rightly enjoys the confidence of all.

Judge Farlam was speaking at the University of the Free State (UFS) where he delivered his inaugural lecture as Extraordinary Professor in Roman Law, Legal History and Comparative Law in the Faculty of Law.

He said there were important lessons that emanated from the study of legal history in the Free State, particularly including the lesson that there were courageous jurists who spoke up for what they believed to be right, and a legislature who listened and did the right thing when required.

“This is part of our South African heritage which is largely forgotten – even by those whose predecessors were directly responsible for it. It is something which they and the rest of us can remember with pride,” Judge Farlam said.

Addressing the topic, Cox and Constitutionalism: Aspects of Free State Legal History, Judge Farlam used the murder trial of Charles Cox, who was accused of killing his wife and both daughters, to illustrate several key points of legal history.

Cox was eventually found guilty and executed, however, the trial caused a deep rift between the Afrikaans and English speaking communities in the Free State.

Judge Farlam also emphasised that the Free State Constitution embodied the principle of constitutionalism, with the result that the Free State was a state where the Constitution and not the legislature was sovereign. He said it was unfortunate that this valuable principle was eliminated in the Free State after the Boer War and said that it took 94 years before it was reinstated.

Judge Farlam added, “Who knows what suffering and tragedy might not have been avoided if, instead of the Westminster system, which was patently unsuited to South African conditions, we had gone into Union in 1910 with what one can describe as the better Trekker tradition, the tradition of constitutionalism that the wise burghers of the Free State chose in 1854 to take over into their Constitution from what we would call today the constitutional best practice of their time?”

Media Release
Issued by: Lacea Loader
Assistant Director: Media Liaison 
Tel: 051 401 2584 
Cell: 083 645 2454 
E-mail: loaderl.stg@ufs.ac.za
8 May 2009
             

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