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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

Wrongful suffering must be compensated, Prof Johann Neethling argues
2016-04-20

Description: Prof Johan Neethling, wrongful suffering must be compensated Tags: Prof Johan Neethling, wrongful suffering must be compensated

From the left are Prof Jonathan Jansen, Vice-Chancellor and Rector, Prof Caroline Nicholson, Dean of the Faculty of Law, Prof Neethling, Prof Rita-Marie Jansen, Vice-Dean, and Dr Brand Claassen, Head of the Department of Private Law.
Photos: Stephen Collett

On 11 April, the Faculty of Law held the first of the year’s series of Prestige Lectures presented by Prof Johann Neethling, Senior Professor in the Department of Private Law.  The event was attended by senior faculty members, the Dean of Law Prof, Caroline Nicholson, and the Vice-Chancellor and Rector, Prof Jonathan Jansen.

In his opening remarks, Prof Jansen said “Prestige lectures are at the heart of a university’s academic endeavour. It would serve the university community well to present them more often, as they go to the heart of important issues that affect society”

Prof Neethling made a compelling case for compensation for wrongful suffering by a child born with impairments. Since the mid-1960s, the actions of wrongful conception and wrongful birth have been recognised in South African law. Wrongful conception is defined as when a healthy child is born as a result of failed sterilisation or abortion, and wrongful birth is when a doctor fails to inform parents of a disability before the birth of their child.

“The reality is that a child born with impairments may indeed suffer (sometimes extreme) pain, loss of amenities of life, which would justify an award of damages,” he said.

So far, the action for wrongful suffering has been dismissed by the High Court and the Supreme Court of Appeal. However, he highlighted several cases where wrongful conception and wrongful birth was recognised by the courts.

“Why can the same approach (for wrongful conception and wrongful birth) not be followed in wrongful suffering claims by accepting that a disabled child seeks to address the consequences of its birth?” he asked.

Prof Neethling is regarded as one of the greatest minds in Private Law, not only in South Africa but in the African continent.

A festschrift, Essays in Honour of Johann Neethling (2015), with contributions from more than 50 of his peers around the world, was also launched at the lecture.

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