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Contract from the Margins: The Becoming of a Minor Jurisprudence in the Minority Judgment of Froneman, J in Beadica 231 CC v Trustees for the time being of the Oregon Trust 2020 5 SA 247 CC

Authors :
Jaco Barnard-Naude
Source :
Potchefstroom Electronic Law Journal, Vol 27 (2024)
Publication Year :
2024
Publisher :
North-West University, 2024.

Abstract

This article explores the meaning of minor jurisprudence in the work of leading authors on the subject and concludes that the notion of becoming plays a major part in the philosophy of minor jurisprudence as a subtraction from or subversion of the major. The article then connects the preoccupation with becoming in minor jurisprudence to the notion of the hysteric's discourse in the work of Jacques Lacan, after which it moves to a consideration of Froneman, J's minority judgment in the Beadica case. The article suggests that Froneman's minor jurisprudence becomes in three modes: reliance on historical minor jurisprudences, deconstruction and imagination from the margins. As such, this becoming is an instance of hysterical discourse in Lacan's sense of the term.

Details

Language :
Afrikaans, German, English, Dutch; Flemish
ISSN :
17273781
Volume :
27
Database :
Directory of Open Access Journals
Journal :
Potchefstroom Electronic Law Journal
Publication Type :
Academic Journal
Accession number :
edsdoj.87391a1611d24417828c18b4923a3954
Document Type :
article
Full Text :
https://doi.org/10.17159/1727-3781/2024/v27i0a16893