Introduction

2021 ◽  
pp. 1-22
Author(s):  
Justin Collings
Keyword(s):  
South African ◽  
Transitional Justice ◽  
Reference Point ◽  
Constitutional Interpretation ◽  
Constitutional Courts ◽  
Constitutional Order ◽  
Relationship Of ◽  
The Relationship ◽  
Constitutional Identity ◽  
Do So

This chapter introduces the topic of the book, which is how constitutional courts invoke historical evil as a reference and an aid in constitutional interpretation. The chapter sets forth the two principal modes by which courts do so: the redemptive mode, which treats the evil past as an aversive reference point against which the new constitutional order must aggressively define itself; and the parenthetical mode, which treats the evil past as an aberration from an otherwise noble tradition. It also discusses variations on these modes, as well as hybrid mergers of them. The chapter indicates how American mnemonic jurisprudence has tilted toward the parenthetical mode, South African toward the redemptive, and German toward a hybrid. The chapter also highlights the relationship of constitutional memory to topics such as constitutional identity, constitutional faith, and transitional justice.

Unraveling the South African Breast Cancer Story: The Relationship of Patients, Delay to Diagnosis, and Tumor Biology With Stage at Presentation in an Urban Setting

2019 ◽  
Vol 235 ◽  
pp. 181-189
Author(s):  
Sarah Rayne ◽  
Kathryn Schnippel ◽  
Surbhi Grover ◽  
Kirstin Fearnhead ◽  
Deirdre Kruger ◽  
...  
Keyword(s):  
Breast Cancer ◽  
South African ◽  
Tumor Biology ◽  
Urban Setting ◽  
The South ◽  
Relationship Of ◽  
The Relationship

The Ontology of Chance

2020 ◽  
pp. 466-491
Author(s):  
Paul Noordhof
Keyword(s):  
Successful Treatment ◽  
System Analysis ◽  
Relationship Of ◽  
The Relationship ◽  
Do So

Just as laws are variably realized so are objective chances: in the patterns identified by the best system analysis and in propensities. Theories of chance face two significant problems: the problem of undermining that is alleged to afflict Humean accounts of chance and, second, the relationship of chance to frequencies and, thus, to successful action. Although some propensity accounts can avoid undermining, they do so at the expense of the second relationship. More concessive propensity theories make some headway with regard to the second problem but start to suffer from the first problem. The perceived advantage for agents in conforming their beliefs to chances, understood as propensities, is rooted in the same mistake about induction identified in Chapter 14. So the successful treatment of chance does not tell in favour of one theory of the laws that support them than another.

14. Duress and undue influence

2018 ◽  
Author(s):  
Elizabeth Macdonald ◽  
Ruth Atkins ◽  
Jens Krebs
Keyword(s):  
Decision Making ◽  
Consumer Protection ◽  
Economic Interest ◽  
Undue Influence ◽  
Relationship Of ◽  
The Relationship ◽  
Do So

This chapter looks at the effect of duress or undue influence on the making of a contract. The difficulty is identified of distinguishing hard bargaining from economic duress, when the ‘threat’ is to the economic interest of the party ‘threatened’. This raises the question of what amounts to an illegitimate threat; whether a threat which is not otherwise legally labelled as wrongful will suffice, and whether all threatened breaches of contract do so. The question also arises as to a test of a ‘reasonable’, or ‘practical’, alternative to agreeing. Undue influence is concerned with the surrender of decision making because of the relationship of the parties whether through domination or trust. The presumptions that arise in relation to undue influence, and when they arise, are examined. Consideration is given to the treatment of aggressive and misleading trade practices under the Consumer Protection from Unfair Trading Regulations (as amended by the Consumer Protection (Amendment) Regulations 2014).

scholarly journals Transformational leadership and organisational effectiveness in the administration of cricket in South Africa

1999 ◽  
Vol 30 (1) ◽  
pp. 1-5 ◽  
Author(s):  
A. M. Ristow ◽  
T. L. Amos ◽  
G. E. Staude
Keyword(s):  
Transformational Leadership ◽  
South African ◽  
Transactional Leadership ◽  
Multifactor Leadership Questionnaire ◽  
Sports Teams ◽  
Organisational Effectiveness ◽  
Multifactor Leadership ◽  
Relationship Of ◽  
The Relationship ◽  
Universal Application

After years of isolation from the international sporting arena, South African sports teams have recently achieved much success. This article is concerned specifically with managing for organisational effectiveness in South African cricket. According to the theory of transformational leadership, there should be a positive relationship between this style of leadership and organisational effectiveness. The Multifactor Leadership Questionnaire was used to collect information about leadership while data for organisational effectiveness, the dependent variable, was collected using the Effectiveness Survey for Cricket Administration. Most of the results regarding the relationship of the transformational leadership factors and organisational effectiveness were significant. On the other hand, most of the results regarding the relationship of the transactional leadership factors and organisational effectiveness were not significant. The overall results provide general support of Bass' (1990) argument of the universal application of the transformational leadership theory.

scholarly journals How Should We Think about the Winners and Losers from Globalization? A Reply to Nicolas Lamp

2019 ◽  
Vol 30 (4) ◽  
pp. 1399-1408 ◽  
Author(s):  
Bernard Hoekman ◽  
Douglas Nelson
Keyword(s):  
Narrative Analysis ◽  
Trade Agreements ◽  
Policy Implications ◽  
Policy Reforms ◽  
The Core ◽  
Analytical Foundation ◽  
Relationship Of ◽  
The Relationship ◽  
Core Issues ◽  
Do So

Abstract How should we think about the winners and losers from globalization? What role can narrative analysis play in doing so? We argue that to be useful, identifying politically relevant narratives on the distributional effects of globalization, and the role played by trade agreements in fostering such effects, must have an empirical basis. Characterizing different narratives and inferring from each the implications for the (re-)design of international agreements without analysis whether the suggested policy reforms will help losers from globalization does not advance matters. Effectively employed, narrative analysis can extend our knowledge of the politics of trade and policy towards globalization more generally. To do so, it must have an analytical foundation, centre on the relationship of the narrative to the facts, ask which narrative is more persuasive based on empirical evidence and assess whether inferred policy implications will address the core issues of concern to those who employ the narrative.

The Relationship between the EU and Member States in Constitutional Case Law: A Comparison between Western and Eastern Europe

2008 ◽  
Vol 10 ◽  
pp. 189-198
Author(s):  
Constance Grewe
Keyword(s):  
Turning Point ◽  
Case Law ◽  
Eastern European ◽  
European Law ◽  
Eu Law ◽  
Constitutional Courts ◽  
Member States ◽  
The Relationship ◽  
Constitutional Identity ◽  
The Eu

It is indeed a crucial moment now that Central and Eastern European (CEE) countries have begun to join the EU. The Maastricht Treaty was itself, in several respects, a turning point in European construction; Member States then became aware of the increasing influence of EU law and started to defend their autonomy against the ‘attacks’ stemming from it. With the accession of the CEE states, the ‘Solange story: a story about national constitutional courts resisting a straightforward surrender of national legal sovereignties, and insisting on their own role as guardians of any further transfer of powers from the national to the European level’, can now enter into ‘its chapter 3’. National or constitutional identity is the main arm of resistance, and these national reactions require a rethinking of the relationship between national and European law.

Dalit Capital and Markets: A Case of Unfavourable Inclusion

2018 ◽  
Vol 4 (1) ◽  
pp. 51-61
Author(s):  
Aseem Prakash
Keyword(s):  
Social Networks ◽  
Social Relationships ◽  
Economic Resources ◽  
Nation State ◽  
Constitutional Order ◽  
Goods And Services ◽  
Market State ◽  
Relationship Of ◽  
Institutional Space ◽  
The Relationship

The nature of our constitutional order is changing from a nation-state into a market-state. The market-state seeks to acquire legitimacy not as a provider or distributor of welfare goods and economic resources but strives to provide an enabling framework for the society to secure opportunities and better goods and services. As markets have acquired a pre-eminent institutional space, this article seeks to understand the aspirations of Dalits to enter markets as owners of capital and trade in diverse goods and services. The article examines the relationship between caste and capitalism, and argues that the current relationship of caste and capitalism does not operate on the notions of merit and efficiency. Markets are embedded in social relationships and, therefore, are more prone to be influenced by social customs rather than ideas of modern contracts, merit and efficiency. Drawing upon interviews with several successful Dalit entrepreneurs and their experiences, the article finds ‘unfavoured’ or ‘adverse’ inclusion of Dalits in the markets caused by social networks populated and controlled by upper-caste business peers.

scholarly journals Business Activity and Market: The Search for a New “Práxis” Through Sustainability

2021 ◽  
pp. 7-17
Author(s):  
Clovis Demarchi ◽  
Tainá Fernanda Pedrini
Keyword(s):  
Human Performance ◽  
Risk Society ◽  
Management Model ◽  
Environmental Responsibility ◽  
Business Activity ◽  
Business Sector ◽  
Management Policies ◽  
Relationship Of ◽  
The Relationship ◽  
Do So

The State and the Business Activity have a relationship of Interdependence. That holds the punitive and regulatory power, this, the economic. The achievement of the global Sustainability goal implies harmony between the actors for joint policies. In view of this, it aims to demonstrate the participation of the business sector to achieve this objective, through socio-environmental management - with the organization or business financially viable, fair to the Company and endowed with environmental responsibility. To do so, the relationship between the human being and the environment is first analyzed in order to identify the consequences of human performance over time. Subsequently, the application of Sustainability as a concept to the application of management policies for the business sector is studied, considering the awareness developed about the existence of a Risk Society, as well as, the possibility of benefits arising from this management model. The method used was inductive.

Thuranthos: notes on generic status, morphology, phenology and pollination biology

Bothalia ◽  
1976 ◽  
Vol 12 (1) ◽  
pp. 161-165 ◽  
Author(s):  
C. H. Stirton
Keyword(s):  
South African ◽  
Field Studies ◽  
Pollination Biology ◽  
Fruit Morphology ◽  
The South ◽  
Generic Status ◽  
Additional Information ◽  
Relationship Of ◽  
First Time ◽  
The Relationship

The generic status of Thuranthos C. H. Wr. is discussed. A key separating the two species is provided. The genus is reported to occur in Natal for the first time. Field studies in Natal have yielded additional information on the habitat, phenology, fruit morphology and pollination biology of  T. macranthum (Bak.) C.H. Wr. Phalaenophily is reported for the second time in the South African Liliaceae. The relationship of T. macranthum with the moth  Diaphone eumela (Cramer)—Noctuidae, Hadeniae, is discussed.

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