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Literature and the Law in South Africa, 1910-2010
The Long Walk to Artistic Freedom
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2017
Summary
In 1994, artistic freedom pertaining inter alia to literature was enshrined in the South African Constitution. Clearly, the establishment of this right was long overdue compared to other nations within the Commonwealth. Indeed, the legal framework and practices regarding the regulation of literature that were introduced following the nation’s transition to a non-racial democracy seemed to form a decisive turning point in the history of South African censorship of literature. This study employs a historical sociological point of view to describe how the nation’s emerging literary field helped pave the way for the constitutional entrenchment of this right in 1994. On the basis of institutional and poetological analyses of all the legal trials concerning literature that were held in South Africa during the period 1910–2010, it describes how the battles fought in and around the courts between literary, judicial and executive elites eventually led to a constitutional exceptio artis for literature. As the South African judiciary displayed an ongoing orientation towards both English and American law in this period, the analyses are firmly placed in the context of developments occurring concurrently in these two legal systems.
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Bibliographic data
Copyright year
2017
ISBN-Print
978-1-68393-015-0
ISBN-Online
978-1-68393-016-7
Publisher
University Press Copublishing, Lanham
Language
English
Pages
231
Product type
Book Titles
Table of contents
ChapterPages
Contents No access
Acknowledgments No access
Abbreviations No access
Introduction No access Pages 1 - 20
1 Preparing the Ground for Autonomization No access
2 The 1965 Trials No access
3 The 1974 Trial of André Brink’s Kennis van die Aand No access
4 The 1978 Case of Etienne Leroux’s Magersfontein, O Magersfontein! No access
