Browsing by Author "Barnard-Naude, A J"

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    Beyond the Brother: Radical Freedom
    (2008) Barnard-Naude, A J
    In his decision in Ferreira v Levin NO, Justice Ackermann - inspired by Berlin - appears to favour the negative conception of freedom. Yet at the same time Ackermann insists that 'a broad and generous interpretation of freedom does not deny or preclude the constitutionally valid, and indeed essential, role of state intervention in the economic as well as the civil and political spheres.'
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    Negotiating the archive: Amnesty, justice and memory
    (2009) Barnard-Naude, A J
    This article represents an encounter between Antje Du Bois-Pedain's recent Transitional Amnesty in South Africa and Jacques Derrida's Archive Fever I argue that Du Bois-Pedain's work is magisterial in the sense that relates it to the meaning of the archive identified in Derrida's text. Taking the Derridean argument a step further I aim to illustrate that this text-as-archive reveals a glimpse of its own death drive - it is conscious of its unconscious. I argue that the death drive of the archive is here ultimately resisted/countered precisely by Du Bois-Pedain's willingness to confront the outside of the archive that is this work.