CULTURE, IDENTITY AND THE LAW Sodi T Department of Psychology, University of Venda, Thohoyandou,...
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CULTURE, IDENTITY AND THE LAW Sodi T Department of Psychology, University of Venda, Thohoyandou, South Africa Email: [email protected] Paper presented at the Traditions 1 Conference Soweto Hotel, South Africa 18 – 19 November 2009 1
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Transcript of CULTURE, IDENTITY AND THE LAW Sodi T Department of Psychology, University of Venda, Thohoyandou,...
CULTURE, IDENTITY AND THE LAW
Sodi TDepartment of Psychology, University of Venda, Thohoyandou, South Africa
Email: [email protected]
Paper presented at the Traditions 1 Conference Soweto Hotel, South Africa18 – 19 November 2009
1
OUTLINE OF THE PRESENTATION
1.THE CASE STUDIES
2.THE LEGAL QUESTIONS
3.THE DEBATE – UNIVERSALISM VS RELATIVISM
4.CULTURE AND IDENTITY: THE CONCEPT OF HARMONY
5.CULTURE, HEALTH AND ILLNESS
6.AFFIRMATION OF AN IDENTITY: A PSYCHOLOGICAL PROJECT
7.CONCLUSION
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1. CASE STUDIES
Tony Yengeni and the ritual slaughter
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When the honourable member of parliament, Mr Tony
Yengeni was released from prison early in 2007, he
slaughtered a bull at his parents’ home in Gugulethu
(CapeTown).
Whilst he celebrated and interpreted this act of ritual bull
slaughter as a traditional cleansing ceremony, the animal
rights activists, through the Society for the Prevention of
Cruelty to Animals (SPCSA) considered Mr Yengeni’s
behaviour as a criminal act that needed to be investigated
under the Animal Protection Act
1. CASE STUDIES
16 Year Limpopo girl has cancer
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When a 16 year old girl from Limpopo Province was
diagnosed with cancer, the mother wanted to take her to a
traditional healer. On the other hand, the management of
Mankweng hospital (where she was receiving treatment)
got
an urgent court interdict to prevent the mother from
removing her daughter from the hospital. This was
done to have the child treated in hospital against her
mother’s wish.
2. THE LEGAL QUESTIONS
On the issue of ritual bull
slaughter
In South Africa, Act Number 71 of
1962
as amended stipulates: “Any person who --- kills any
animal in contravention of a prohibition
in terms of a notice published in the Gazette ---
shall be shall, --- subject to the provisions of
this Act and any other
law, be guilty of an offence and liable on
conviction to a fine not exceeding R4 000 or in
default of payment to imprisonment for a period
not exceeding twelve months or to such
imprisonment without the option of a fine ….”,
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2. THE LEGAL QUESTIONS
On the issue of the 16 year old
girl
An interesting critique of animal
rights movement: “Animal rights advocates believe
that animals have basic
rights – many say, the same as people – to be free from
confinement, pain, suffering, use in experiments, and death
for reason of consumption by other animals (including
humans). Thus, animal rights advocates oppose the use of
animals for food, for clothing, for entertainment, for medical
research, for product testing, --- and as pets. Currently,
animal rights doctrine is essentially philosophical, ----
vegetarian, pro-activist, moralistic, and urban-based” (Albright 1986).
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2. THE LEGAL QUESTIONS
On the issue of ritual bull
slaughter
In South Africa, section 15 Subsection
1
of the Bill of Rights stipulates:
“Everyone has the right to freedom of
conscience, religion, thought, belief and
opinion”
Constitution of the Republic of South Africa, Act No. 108 of 1996
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2. THE LEGAL QUESTIONS
On the issue of the 16 year old
Limpopo girl with cancer
In South Africa, section 28
Subsection 1b
of the Bill of Rights stipulates:
“Every child has the right to family care or parental care,
or to appropriate alternative care when removed from the family environment”
Constitution of the Republic of South Africa, Act No. 108 of 1996
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2. THE LEGAL QUESTIONS
On the issue of the 16 year old
Limpopo girl with cancer
The same section 28 Subsection 2
of the Bill of Rights stipulates:
“A child's best interests are of paramount importance in every matter concerning the child.”
Constitution of the Republic of South Africa, Act No. 108 of 1996
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3. THE DEBATE: UNIVERSALISM VS RELATIVISM
Universalism
Human phenomena or all psychological processes are the same
across all cultures (Sam & Moreira, 2002; Berry, Segall,
Poortinga
& Dasen, 1992) Culture is viewed as peripheral; only masking
basic
underlying psychological universals
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Culture relativism
All human behaviours are culturally patterned (Sam & Moreira,
2002; Swartz, 1998)
“It is impossible to speak of human behaviour without taking into
account the cultural context in which it is manifest”
3. THE DEBATE: UNIVERSALISM VS RELATIVIS
WHAT THEN ARE WE SAYING?
Universalism
The girl from Limpopo has cancer ( a medical condition).
Culture in this case is considered to be irrelevant as it has
absolutely no role in causal explanations, meaning, and treatment
of this “medical condition”
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Culture relativism
Mr Yengeni’s ritual slaughter of a bull:A
“This is definitely not an SPCSA matter, because it is not about
cruelty to animals. Instead, it is about man’s search for meaning,
purpose and the redefinition of the relationship with the cosmos,
God and his ancestry”Mr Sandile Memela, spokesperson for Arts and Culture Minister
(defending Mr Yengeni’s actions and the government’s reluctance to
condemn ritual bull slaughtering
4. CULTURE AND IDENTITY: THE QUESTION OF HARMONY
4. CULTURE AND IDENTITY: THE QUESTION OF HARMONY
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Mr Yengeni probably interprets his “time in jail” as a manifestation of disharmony in his relationship with the spiritual world. Under these circumstances, the relationship between his family and the ancestors
need to be restored
The healthy person in African traditional thought is “…harmonised with self, others, nature, the spirit world, and the universe by connections, interactions …” Dana, 1993,
p. 40
Mr Yengeni probably interprets his “time in jail” as a manifestation of disharmony in his relationship with the spiritual world. Under these circumstances, the relationship between his family and the ancestors
need to be restored
The healthy person in African traditional thought is “…harmonised with self, others, nature, the spirit world, and the universe by connections, interactions …” Dana, 1993,
p. 40
5. CULTURE, HEALTH AND ILLNESS5. CULTURE, HEALTH AND ILLNESS
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In traditional Western thought, physical illness is explained primarily in terms of the germ theory.
Physical illness in all its manifestation is biological in origin.
The mother of the 16 year old Limpopo girl may not be subscribing to this particular theory or illness. Does she
have a choice under these circumstances?
In traditional Western thought, physical illness is explained primarily in terms of the germ theory.
Physical illness in all its manifestation is biological in origin.
The mother of the 16 year old Limpopo girl may not be subscribing to this particular theory or illness. Does she
have a choice under these circumstances?
6. AFFIRMATION OF AN IDENTITY: A PSYCHOLOGICAL PROJECT
6. AFFIRMATION OF AN IDENTITY: A PSYCHOLOGICAL PROJECT
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"Modem man does not understand how much his 'rationalism' (which has
destroyed his capacity to respond to numinous symbols and ideas) has put
him at the mercy of the psychic 'underworld.' He has freed himself from 'superstition' (or so he believes), but in
the process he has lost his spiritual values to a positively dangerous
degree. His moral and spiritual tradition has disintegrated, and he is now paying the price for this breakup in world-wide
disorientation and dissociation.”
Carl Jung (1964). Man and His Symbols, p 84
"Modem man does not understand how much his 'rationalism' (which has
destroyed his capacity to respond to numinous symbols and ideas) has put
him at the mercy of the psychic 'underworld.' He has freed himself from 'superstition' (or so he believes), but in
the process he has lost his spiritual values to a positively dangerous
degree. His moral and spiritual tradition has disintegrated, and he is now paying the price for this breakup in world-wide
disorientation and dissociation.”
Carl Jung (1964). Man and His Symbols, p 84
7. CONCLUSION7. CONCLUSION
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The Euro-centric models to health, illness and behaviour need to be interrogated if psychology and other behavioural sciences are to remain relevant in Africa. Practices such as animal sacrifices are affirmation of an identity and are thus psychologically meaningful if understood from within the cultural context of the individuals concerned.
The Euro-centric models to health, illness and behaviour need to be interrogated if psychology and other behavioural sciences are to remain relevant in Africa. Practices such as animal sacrifices are affirmation of an identity and are thus psychologically meaningful if understood from within the cultural context of the individuals concerned.
THANK YOURE A LEBOGATHANK YOU
RE A LEBOGA
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