Documenting “Community” in the ≠khomani San Land Claim in South Africa

Huizenga, Daniel

doi:10.1111/plar.12055

Cited by 13 publications

(3 citation statements)

References 23 publications

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“…The landmark restitution claim involving the khomani San indigenous community was characterized by divisions between ‘modern’ and ‘authentic’ claimants (Robins, 2003), and tensions have arisen as differently situated claimants affirm varying commitments to their ‘authentic’ indigenous identity (Ellis, 2010). Rather than debating whether ‘authentic’ communities exist, I am interested in the processes and conditions through which peoples organize as communities and how they are constituted through the practice of claiming land (Huizenga, 2014). How claimant communities, including customary and indigenous communities, identify themselves has been influenced by the Richtersveld judgment through the recognition of ‘indigenous law’.…”

Section: Articulating ‘Community’ Between ‘Indigenous’ and ‘Customary’mentioning

confidence: 99%

Articulations of Aboriginal Title, Indigenous Rights, and Living Customary Law in South Africa

Huizenga

2017

Social & Legal Studies

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Contemporary postcolonial scholarship often argues that common law Aboriginal title and the rights of indigenous peoples are regulated by colonial legal regimes that determine the limits of recognition and subjects indigenous peoples to oppressive forms of government. In this article, I challenge this view by focusing on the application of Aboriginal title in the South African land restitution program. I use theories of articulation and assemblage to illustrate how, in conditions of neoliberalism, Aboriginal title, indigenous rights, and living customary law are co-constituted through litigation and social activism involving both self-identified indigenous peoples and rural peoples who live by customary law. By tracking how Aboriginal title is brought into the efforts of indigenous and rural peoples to assert natural resource rights, we begin to see that this area of international common law is used much more creatively and expansively than is often acknowledged.

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Section: Articulating ‘Community’ Between ‘Indigenous’ and ‘Customary’mentioning

confidence: 99%

Articulations of Aboriginal Title, Indigenous Rights, and Living Customary Law in South Africa

Huizenga

2017

Social & Legal Studies

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“…Typically, accounts of how paper performs tend to focus on the subjects the documents were designed to govern and, ultimately, the “form made persons” (Jacob 2007, 249) they produce in the process (Langer, Scourfield, and Fincham 2008; Cabot 2012; Huizenga 2014). Instead of exploring how the documented—in this case, domestic violence offenders—are reconstituted through the forms, here I focus on how documents reconstruct the subjectivities of the form fillers.…”

Section: The Par Coordinator and Her Documentsmentioning

confidence: 99%

“Please Check the Appropriate Box”: Documents and the Governance of Domestic Violence

Singh¹

2017

Law soc. inq.

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This analysis examines the effects of administrative templates on legal responses to domestic violence. The discussion focuses on a set of intake forms deployed by a team of grassroots workers who routinely attend Toronto's specialized domestic violence plea courts to enroll defendants into counseling programs. Although these documents are nothing more than mundane, administrative forms, they are crucial to generating the formations required to govern domestic violence through the criminal justice and community partnerships on which the plea courts rely. Along with redefining the responsibilities of the legal and grassroots actors involved in the court network, the documents also generate and formalize notions of wrongdoing that prove to be far more effective in resolving cases than traditional guilty pleas. This analysis illuminates how forms permit the retreat and reassertion of state sovereignty as required in legal regimes involving devolution. It also underscores the methodological importance of constitutive analyses of documents to illuminating machinations of penal power.

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“…They involve everyday legal “knowledge‐making” such as documents and files, which act with autonomous force, mobilizing networks of persons, ideas, and values (Riles ; Vismann ). Daniel Huizenga (), for instance, examines how a public repository of documents related to a ≠Khomani San land claim produces dominant notions of “community” that portray ≠Khomani San as fixed and singular, obscuring the input and participation of women in the land claim.…”

Section: Feminist Trajectories Of Technicalities and Materialitiesmentioning

confidence: 99%

The Making and Unmaking of Patent Ownership: Technicalities, Materialities, and Subjectivities

Foster

2016

PoLAR

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Feminist sociolegal studies have recently taken up the technicalities of doctrines, documents, and regulations to better understand the law. In an affiliated move, feminist science studies turned to the materialities of theories, practices, and nonhuman organisms to make critical sense of science. These methodological turns focus not on gender, per se, but on precise mechanisms of law and science that structure, reinforce, and reconfigure power and inequality. Drawing on these methodological approaches, this article attends to the technicalities and materialities of patent ownership and benefit sharing in South Africa in regards to San peoples’ struggles over the patenting of the Hoodia gordonii plant. An examination of patent documents, benefit‐sharing agreements, legislative appendixes, and the biology of plants generates an understanding of how patent ownership, rather than being natural or value‐neutral, is a historical and sociocultural process shaping, refashioning, and being inscribed across multiple scales of nation‐state jurisdictions, divergent ways of knowing, and biochemical orderings of plants.

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Documenting “Community” in the ≠khomani San Land Claim in South Africa

Cited by 13 publications

References 23 publications

Articulations of Aboriginal Title, Indigenous Rights, and Living Customary Law in South Africa

Articulations of Aboriginal Title, Indigenous Rights, and Living Customary Law in South Africa

“Please Check the Appropriate Box”: Documents and the Governance of Domestic Violence

The Making and Unmaking of Patent Ownership: Technicalities, Materialities, and Subjectivities

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