n South African Law Journal - The heteronormative observer : the Constitutional Court's decision in Le Roux v Dey : notes
|Article Title||The heteronormative observer : the Constitutional Court's decision in Le Roux v Dey : notes|
|© Publisher:||Juta Law Publishing|
|Journal||South African Law Journal|
|Author||Jaco Barnard-Naude and Pierre De Vos|
|Publication Date||Jan 2011|
|Pages||407 - 419|
In this note we propose to deal, from a particular vantage point, with the Constitutional Court's judgment in Le Roux & others v Dey (Freedom of Expression Institute and Restorative Justice Centre as Amici Curiae) 2011 (3) SA 274 (CC): we investigate how heteronormativity (as a cultural phenomenon) influences the determination in the majority judgment (authored by Brand AJ) that defamation had been committed by the applicants. By using the term 'heteronormativity' we mean to gesture at the set of cultural practices and assumptions that privilege heterosexuality and assume that the monogamous heterosexual couples represent the principle of social union itself.
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