scholarly journals Editorial

2017 ◽  
Vol 16 (3) ◽  
pp. 1
Author(s):  
Christa Rautenbach
Keyword(s):  
South Africa ◽  
White Paper ◽  
Main Concern ◽  
University Of Michigan ◽  
The Third ◽  
Democratic State ◽  
Law Faculty ◽  
Arts And Culture ◽  
The Law ◽  
Martin Luther King

The third issue of 2013 contains 12 contributions ranging from two orationes, nine articles and one note. The first oratio is an address delivered by Karthy Govender at the Law Faculty, University of Michigan, to commemorate the 2013 Martin Luther King Day at the Law Faculty, University of Michigan. He draws parallels between King, Ghandhi and Mandela and discusses the influence they all had in the development of South Africa into a democratic state. In the second oratio Mike van Graan airs his views on the Revised White Paper on Arts, Culture and Heritage of 2013, published by the Department of Arts and Culture. His main concern is the haste in which the white paper is being taken through the process, and he cautions against the adoption of a far-reaching policy which has not been thoroughly considered

scholarly journals Foreword

2014 ◽  
pp. 94
Author(s):  
John Horne
Keyword(s):  
Mental Health ◽  
Royal College ◽  
Strong Support ◽  
White Paper ◽  
Health Law ◽  
Mental Health Law ◽  
Legislative Reform ◽  
The Third ◽  
The Law

In the third week of June, the Law Society and the Royal College of Psychiatrists jointly hosted a very well attended two-day conference on reform of mental health law (day one) and the law relating to mental incapacity (day two), entitled ‘Make up your mind’. What emerged both from the presentations and from questions and comments ‘from the floor’, was widespread and strong opposition to many of the mental health legislative reform proposals set out in the White Paper of December 2000, and equally widespread and strong support for long-awaited legislation in the field of mental incapacity. The following week the Draft Mental Health Bill was published.<br />However a Mental Incapacity Bill would still appear to be some way off.

A decolonial legal method

2021 ◽  
Vol 138 (4) ◽  
pp. 761-798
Author(s):  
Tshepo Bogosi Mosaka
Keyword(s):  
South Africa ◽  
Political Legitimacy ◽  
The Political ◽  
African Countries ◽  
Criminal Process ◽  
Present Epoch ◽  
The Third ◽  
Legal Method ◽  
The Law ◽  
Law Of Evidence

A survey of the burgeoning body of scholarship on decolonising education in South Africa leaves one with the impression that this is an area of scholarship that is yet to mature, particularly due to the rarity with which its scholars engage in self-conscious reflections on their methods. The article addresses this in two ways. The second part of the article theorises generally about an appropriate method of decolonising the discipline of law. The proposed method rests on four conditions: (1) standpoint (with whom is one in conversation in broader debates about decolonial education?); (2) historicity (what particular aspects of a specified branch of law were inherited from colonial Europe and with which other African countries does South Africa have this in common?); (3) evaluative/critical (what is problematic about the identified colonial inheritances for the present epoch?); (4) remedial (what changes are proposed towards the development of the branch of law concerned, and the discipline as a whole?). The third part then proceeds to illustrate how to apply this method towards decolonising evidence scholarship in Africa. Ultimately, it is argued that the political legitimacy of African criminal process remains endangered by the colonial inheritances that currently are embedded in the law of evidence.

Foreigners' Rights to Work and Fair Labour Practices in South Africa: A Review of the South African Labour Legislation and Jurisprudence

2020 ◽  
Vol 35 (1) ◽  
Author(s):  
Andre Mangu
Keyword(s):  
South Africa ◽  
Human Rights ◽  
South African ◽  
Bill Of Rights ◽  
The South ◽  
Legislation And Jurisprudence ◽  
Foreign Nationals ◽  
Lay Persons ◽  
Democratic State ◽  
Labour Legislation

After several decades of apartheid rule, which denied human rights to the majority of the population on the ground of race and came to be regarded as a crime against humanity, South Africa adopted its first democratic Constitution in the early 1990s. The 1996 Constitution, which succeeded the 1993 interim Constitution, is considered one of the most progressive in the world. In its founding provisions, it states that South Africa is a democratic state founded on human dignity, the achievement of equality, the advancement of human rights and freedoms. The Constitution enshrines fundamental human rights in a justiciable Bill of Rights as a cornerstone of democracy. Unfortunately, in the eyes of a number of politicians, officials and lay-persons, the rights in the Bill of Rights accrue to South African citizens only. Xenophobia, which has been rampant since the end of apartheid, seems to support the idea that foreigners should not enjoy these rights. Foreign nationals have often been accused of posing a threat to South African citizens with regard to employment opportunities. In light of the South African legislation and jurisprudence, this article affirms the position of the South African labour law that foreign nationals are indeed protected by the Constitution and entitled to rights in the Bill of Rights, including the rights to work and fair labour practices.

South African Animal Legislation and Marxist Philosophy of Law

Cultura ◽  
2019 ◽  
Vol 16 (1) ◽  
pp. 23-28
Author(s):  
Luis CORDEIRO-RODRIGUES
Keyword(s):  
South Africa ◽  
South African ◽  
Social Reality ◽  
Marxist Philosophy ◽  
Philosophy Of Law ◽  
Berlin Wall ◽  
Animal Farming ◽  
Animal Law ◽  
The Law ◽  
Farming Industry

Marxist Philosophy as an explanation of social reality has, since the fall of the Berlin Wall, been largely neglected. However, some philosophers have contended that it may still be relevant to explain today’s social reality. In this article, I wish to demonstrate precisely that Marxist philosophy can be relevant to understand social reality. To carry out this task, I show that Marxist philosophy of law can offer a sound explanation of Animal law in South Africa. My argument is that South African law is a superstructure that reinforces the power of the animal farming industry in South Africa. That is, the hidden purpose of the law is to benefit the industry. In order to argue for this, I present two sets of arguments. The first set argues that the law facilitates the functioning of the animal farming industry. In the second set of arguments I contend that the law socialises individuals into approving the methods of slaughtering by the animal farming industry.

Humanist Engagements

2017 ◽  
Author(s):  
Howell A. Lloyd
Keyword(s):  
Educational Provision ◽  
The Third ◽  
Social Composition ◽  
Cultural Life ◽  
Law Faculty ◽  
Editorial Work ◽  
Governmental Institutions ◽  
The University ◽  
The City

Bodin arrived in Toulouse c.1550, a brief account of the economy, social composition, and governmental institutions of which opens the chapter. There follow comments on its cultural life and identification of its leading citizenry, with remarks on the treatment of alleged religious dissidents by the city itself, and especially on discordant intellectual influences at work in the University, most notably the Law Faculty and the modes of teaching there. The chapter’s second part reviews Bodin’s translation and edition of the Greek poem Cynegetica by Oppian ‘of Cilicia’, assessing the quality of his editorial work, the extent to which allegations of plagiarism levelled against him were valid, and the nature and merits of his translation. The third section recounts contemporary wrangling over educational provision in Toulouse and examines the Oratio in which Bodin argued the case for humanist-style educational provision by means of a reconstituted college there.

Relaxations of Contractual Privity and the Need for Third Party Rights in Chinese Contract Law

2018 ◽  
Author(s):  
Chen Lei
Keyword(s):  
Direct Action ◽  
Contract Law ◽  
Third Party ◽  
Chinese Law ◽  
The Third ◽  
Right Of Action ◽  
The Law ◽  
The Third Party ◽  
The Right

This chapter examines the position of third party beneficiaries in Chinese law. Article 64 of the Chinese Contract Law states that where a contract for the benefit of a third party is breached, the debtor is liable to the creditor. The author regards this as leaving unanswered the question of whether the thirdparty has a right of direct action against the debtor. One view regards the third party as having the right to sue for the benefit although this right was ultimately excluded from the law. Another view, supported by the Supreme People’s Court, is that Article 64 does not provide a right of action for a third party and merely prescribes performance in ‘incidental’ third party contracts. The third view is that there is a third party right of action in cases of ‘genuine’ third party contracts but courts are unlikely to recognize a third party action where the contract merely purports to confer a benefit on the third party.

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

Good Governance

2019 ◽  
Author(s):  
Henk Addink
Keyword(s):  
South Africa ◽  
Rule Of Law ◽  
Good Governance ◽  
National Level ◽  
Administrative Law ◽  
Modern State ◽  
The Rule Of Law ◽  
The Third ◽  
Legal Perspective ◽  
Further Development

The pivotal aim of this book is to explain the creation, development, and impact of good governance from a conceptual, principal perspective and in the context of national administrative law. Three lines of reasoning have been worked out: developing the concept of good governance; specification of this concept by developing principles of good governance; and implementation of these principles of good governance on the national level. In this phase of further development of good governance, it is important to have a clear concept of good governance, presented in this book as the third cornerstone of a modern state, alongside the concepts of the rule of law and democracy. That is a rather new national administrative law perspective which is influenced by regional and international legal developments; thus, we can speak about good governance as a multilevel concept. But the question is: how is this concept of good governance further developed? Six principles of good governance (which in a narrower sense also qualify as principles of good administration) have been further specified in a systematic way, from a legal perspective. These are the principles of properness, transparency, participation, effectiveness, accountability, and human rights. Furthermore, the link has been made with integrity standards. The important developments of each of these principles are described on the national level in Europe, but also in countries outside Europe (such as Australia, Canada, and South Africa). This book gives a systematic comparison of the implementation of the principles of good governance between countries.

Sign in / Sign up

Export Citation Format

Share Document