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07 December 2023 | Story Leonie Bolleurs | Photo CHARL DEVENISH
Dr Marié Herbst
Dr Marié Herbst received her PhD with specialisation in Design, titled The (S)Pace of Images: establishing a practice of the conscious abstraction of motion. She hopes that the techniques and processes explored in her research will spark creativity in the way other designers approach their work.

“My research has unveiled the exquisite patterns generated by motion in nature and everyday objects – patterns that often evade our awareness as we encounter motion in a fleeting moment. Abstraction plays a pivotal role in unveiling these exquisite yet largely unnoticed patterns that surround us.”

This is the perspective of Dr Marié Herbst, who graduated at the University of the Free State (UFS) in December, receiving her PhD with specialisation in Design, titled The (S)Pace of Images: establishing a practice of the conscious abstraction of motion.

Abstraction, a key component of building design

Dr Herbst says that the abstract art movement has had a profound influence on how designers think about design. “Highly regarded architects such as Le Corbusier and Zaha Hadid identify their practice of creating abstract paintings as the driving force behind their ground-breaking building designs. Abstraction is therefore a key component of building design, although the process of how it is applied has historically not received adequate attention. My research explores the way abstraction enables designers to include design information that is only possible through the process of abstraction. One such aspect is motion. Through the process of tracing and superimposing still images extracted from films, I can integrate them into a single picture that shows the progression of time,” she explains.

She hopes that the techniques and processes explored in her research will ignite creativity in how other designers approach their work. “The concepts and techniques outlined in my research are intended to prompt other designers to reconsider the procedures they employ when crafting spaces,” she states.

In the future, Dr Herbst says, she would like to further explore the ideas sparked by her research, such as determining how design would be affected by recording movement in a three-dimensional environment. “New technologies such as LiDAR make the recording of three-dimensional information much simpler, and it will increasingly become a part of our everyday lives. This is a potentially useful information stream that could be applied to create novel designs,” she says.

‘Practice-based’ versus ‘design-led’ research

Prof Jonathan Noble, Head of the Department of Architecture, says this is the very first PhD from the new creative research programme in architecture that was launched in 2018, where the student has completed a ‘design-led’ enquiry. 

He explains that the new creative programme differentiates between ‘practice-based’ research, closely tied to real-world architecture, where candidates analyse and study their previous work, and ‘design-led’ research, which is led by an entirely new creative exploration that encourage speculation and experimentation. According to him, the latter leads to a creative enquiry, and this body of new work is analysed and written about.

Following Prof Noble, postgraduate research in architecture in South Africa has traditionally centred around architectural theory, cultural history, urban studies, and conservation. Creative research methods, however, have not been as prominent. The Department of Architecture is addressing this by introducing new postgraduate research modes supported by innovative research degrees, marking a departure from the traditional approach in South Africa.

“We believe the programme will have a lasting and significant effect upon our professional degrees, injecting professional creativity and new thinking into the life of the department, and serving as an opportunity to look deeply into design and pedagogic practices. Over time, the programme will strengthen ties with the profession and address the closed mentalities of the so-called ‘academic ivory tower’.”

“In addition to providing emerging young scholars with opportunities, the programme facilitates the documentation of the unique qualities of South African practice and makes an important contribution to future research publication and teaching pedagogy at the UFS and beyond,” he says.

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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