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Literature and the Law in South Africa, 1910-2010 - The Long Walk to Artistic Freedom (Hardcover)
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Literature and the Law in South Africa, 1910-2010 - The Long Walk to Artistic Freedom (Hardcover)
Series: The Fairleigh Dickinson University Press Series in Law, Culture, and the Humanities
Expected to ship within 12 - 17 working days
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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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