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South African Marriage In Policy And Practice: A Dynamic Story, Michael W. Yarbrough Jan 2016

South African Marriage In Policy And Practice: A Dynamic Story, Michael W. Yarbrough

Publications and Research

Law forms one of the major structural contexts within which family lives play out, yet the precise dynamics connecting these two foundational institutions are still poorly understood. This article attempts to help bridge this gap by applying sociolegal concepts to empirical findings about state law's role in family, and especially in marriage, drawn from across several decades and disciplines of South Africanist scholarly research. I sketch the broad outlines of a nuanced theoretical approach for analysing the law-family relationship, which insists that the relationship entails a contingent and dynamic interplay between relatively powerful regulating institutions and relatively powerless regulated populations. …


Traditional, Democratic, Accountable? Navigating Citizen-Subjection In Rural South Africa, Robin L. Turner Jan 2014

Traditional, Democratic, Accountable? Navigating Citizen-Subjection In Rural South Africa, Robin L. Turner

Scholarship and Professional Work - LAS

Nearly two decades after South Africa’s democratization, questions of tradition and accountability continue to trouble the polity as more than 14 million black South Africans remain subject to state-recognized, so-called “traditional” leaders – kings, queens, chiefs and regents. This article deepens our understanding of contemporary governance by exploring the agency of these citizen-subjects through close examination of traditional leaders’ strategies and citizen-subjects’ mobilizations in four rural localities. These cases illustrate how citizen-subjects are working with, against and through traditional leaders and councils, hybrid organizations and independent groups to pursue community development and effective, accountable governance, and show how the present …