scholarly journals Scots law: a system in search of a family?

2020 ◽  
Vol 61 (4) ◽  
pp. 311-327
Author(s):  
Sue Farran
Keyword(s):  
South Africa ◽  
Legal System ◽  
Historical Background ◽  
Normative Values ◽  
Political Society ◽  
Legal Systems ◽  
Global Community ◽  
Starting Point ◽  
The World ◽  
Typical Mode

The concept of legal families is familiar to most comparativists and although miscegenation is an increasingly common feature in a global community, arguably an understanding of family origins may help to anticipate differences of approach, ideology, attitudes to law and diverging normative values. Classification into families, despite various criticisms and disagreements as to which families there are or how they should be distinguished, provides a useful tool for the comparativists and those seeking, reform, unification or harmonisation.The Scottish legal system, however, is one that tends to elude classification. Even where “mixed” or “hybrid” legal systems are recognised, that of Scotland may be omitted or distinguished from those of, for example, Greece, South Africa, Israel or the Seychelles.This begs the question, what is a legal system and how is it distinguished? This paper examines the Scottish legal system, taking as its starting point a focus on juristic style as the key distinguishing feature of a legal system and looking at the key elements that eminent comparativists Zweigert and Kötz suggest shape this. These are: the historical background and development; its typical mode of thought; its distinctive institutions; the types of legal sources it acknowledges; and its ideology. Looking particularly at the academic debates that have arisen in Scotland concerning the nature and identity of Scots law, the paper goes on toconsider whether the claim to a distinct legal system is anything more than a manifestation of the fact that “each political society in the world has its own law”,1 and that in fact the time has come to abandon the notion of families.

Comparative Law and the Study of Mixed Legal Systems

2019 ◽  
pp. 473-501
Author(s):  
Jacques Du Plessis
Keyword(s):  
Legal System ◽  
Legal Pluralism ◽  
Comparative Law ◽  
Legal Systems ◽  
Comparative Analyses ◽  
The World ◽  
Mixed Nature ◽  
Key Questions

Legal systems generally are ‘mixed’ in the sense that they have been influenced by a variety of other systems. However, while some legal systems, for a period of time at least, reach a certain level of uniformity, the diversity or ‘mixedness’ of the origins of other systems is more pronounced. This chapter deals with the experiences of the latter systems, and especially with their relevance to the discipline of comparative law. The focus is first on the concept of a mixed legal system, as well as related concepts, such as legal pluralism and hybridity, that have gained prominence in comparative analyses. Thereafter key questions that arise from these analyses are then considered in detail. These questions include how the mixed nature of legal systems is to be dealt with in representations of legal diversity of the world, how mixed legal systems are formed, and what could be learned from their experiences.

scholarly journals The ‘political society’ of the governed? Marginalia beyond ‘marginalisation’

2014 ◽  
Vol 70 (1) ◽  
Author(s):  
Ulrike Kistner
Keyword(s):  
South Africa ◽  
Civil Society ◽  
Special Reference ◽  
Democratic Citizenship ◽  
Political Agency ◽  
The Political ◽  
Political Society ◽  
Current Definition ◽  
The World ◽  
Partha Chatterjee

Between the sphere of civil society associated with the idea of active, democratic citizenship, and the governance of precariously living populations ‘in most of the world’ (i.e. not simply ‘in the margins’), lies the domain, famously outlined by Partha Chatterjee, of ‘the political society of the governed’. This article investigates the concept of ‘the political society of the governed’, starting with its current definition, social and political contexts and a conceptual history. The article then proceeds to problematise the corollary of a bio-political ‘governmentality from below’, theoretically questioning the extent of its capacity to inform political agency, and practically examining the forms of such political agency, with special reference to studies on insurgent citizenship in South Africa.

scholarly journals Modelling of real-world problems is often the starting point for proof

Pythagoras ◽  
2004 ◽  
Vol 0 (60) ◽  
Author(s):  
Vimolan Mudaly
Keyword(s):  
South Africa ◽  
Real World ◽  
Dynamic Geometry ◽  
Ample Evidence ◽  
Starting Point ◽  
The World ◽  
Dynamic Geometry Environments ◽  
Modelling Process ◽  
Real World Problems

In this paper I claim that modelling should be seen as the first stage of the proving process. I discuss an experiment conducted with grade 10 (15 year old) learners in a small suburb in South Africa. There is little emphasis placed on modelling in our schools and it is just beginning to make an appearance in our new Outcomes Based Curriculum. The research shows that as a result of the modelling process learners felt the need to know why the result was true. There is ample evidence that a lot of work on a similar topic has been done elsewhere in the world, but not much has been done in South Africa. The research was conducted using Sketchpad as a mediating tool. This in itself was a difficult task because our learners have not really been exposed to dynamic geometry environments.

Global Apartheid

1978 ◽  
Vol 4 (2) ◽  
pp. 263-275 ◽  
Author(s):  
Gernot Köhler
Keyword(s):  
South Africa ◽  
Human Condition ◽  
State System ◽  
Nation State ◽  
Global Community ◽  
Global Society ◽  
Comprehensive View ◽  
The World ◽  
Present World

The concept of apartheid has significance far beyond the situation in South Africa which coined the term. Indeed, the concept can be generalized to apply to the present world situation. It provides both a better understanding of the present human condition and more effective guidelines for action to change it. The processes of interdependence, interpenetration and intercommunication in the present era have made the entire humanity into one global society. The present nation-state system, which obscures the appearance of this society, fails miserably in responding to the concerns and needs of the global community. The concept of global apartheid provides a more realistic and comprehensive view of the world and suggests appropriate ways of so acting as to make a beginning toward realizing a just, participatory, peaceful and humane global society.

scholarly journals MEMBANGUN SISTEM HUKUM PANCASILA YANG MERDEKA DARI KORUPSI DAN MENJUNJUNG HAM

2014 ◽  
Vol 8 (1) ◽  
pp. 19-26
Author(s):  
Teguh Prasetyo
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Human Dignity ◽  
Legal Systems ◽  
The World

AbstrakSebagai negara yang sudah merdeka selama 68 tahun, Indonesia seharusnya sudah mempunyai sistem hukumnya sendiri yang sesuai dengan kepribadian bangsa Indonesia. Sistem hukum Indonesia tersebut harus dibangun berdasarkan Pancasila yang menampilkan karakteristik ke-Indonesia-an di tengah-tengah sistem hukum lain di dunia. Sistem hukum Pancasila merupakan suatu sistem hukum yang bermoral dan bermartabat. Bermoral berarti bahwa sistem hukum di Indonesia sistem hukum yang merdeka dari korupsi. Sedangkan sistem hukum yang bermartabat adalah sistem hukum yang menjunjung nilai-nilai kemanusiaan terutama di bidang HAM.AbstractHaving been independent for 68 years, Indonesia should have had its own legal system that suits the character of the Indonesian nation. Indonesias legal system have to be constructed based on Pancasila which reflects all the characteristics of Indonesia particularity in the midst of other legal systems in the world. The legal system based on Pancasila is a legal system that emphasizes moral and human dignity. Legal morality means that the legal system in Indonesia is free from corruption. While the legal system with dignity is a legal system that upholds the values of humanity, especially in the field of human rights.

scholarly journals CITY-BRAND BUILDING – FROM CITY MARKETING TO CITY BRANDING

2017 ◽  
Vol 1 (14) ◽  
pp. 51
Author(s):  
Boban Melović ◽  
Slavica Mitrović ◽  
Arton Djokaj
Keyword(s):  
Historical Background ◽  
City Branding ◽  
City Marketing ◽  
Branding Strategy ◽  
City Brand ◽  
The Past ◽  
Starting Point ◽  
The World ◽  
The City ◽  
Marketing Approach

Thanks to the mobility of the population and the development of economy, nowadays much more attention is payed to the competitiveness between nations, regions and cities. In the early 90s, a special marketing trend appeared, known as "Place branding" which allows cities, regions and nations to differentiate themselves from others (competitors). Nowadays, the "city marketing" approach is a well-established practice which is widely applied by many cities all around the world. During the past 30 years, when the competition between cities became bigger and more important, city marketing approach comes to the fore more and more. Although cities can be too complex for branding or to be treated as products, however, city branding has become a widely applied practice in the past years, ever since cities began to "fight" for: tourists, residents, prestige, wealth, power, commerce, entertainment,etc. By "too complex for branding" we mean that by implementing the city branding strategy we need to keep in mind the past, the cultural identity and the historical background of the city. When we say the past, we refer to all events and happenings in one specific city. For example, Madrid, London, New York, Paris, Brussels are just a few of the largest, but also the best branded cities in the world. Indeed, all of these cities experienced terrorist attacks in their past. Experienced, but survived. However, it is obvious that these events have had a huge impact on their positioning and branding. In order to become sustainable, successful destination (city) brand development must be, first of all, original and different, but convincing (based on physical and emotional charachteristics of the destinations) and  relevant (directed towards the consumer in an appropriate way) as well. The authors' starting point is the hypothesis that the branding of cities is based on a combination of various factors and components and that with their combination we can build a recognizable image, which further contributes to higher tourism turnover and stronger competitiveness. Having in mind the previously mentioned, and when it comes to cities, marketing moves from a „city marketing“ to a „city branding“ concept. The aim of this paper is to carry out a symbiosis of key components, so we could offer guidance regarding the creation of a branding strategy to decision-makers in this field of marketing in our area.

LEGAL SYSTEM OF RUSSIA AND WESTERN LEGAL FAMILIES

2020 ◽  
Author(s):  
Тамерлан Шайх-Магомедович Едреев
Keyword(s):  
Legal System ◽  
Legal Systems ◽  
The World ◽  
Russian Law

Несмотря на то, что большинство специалистов считает, что место российской правовой системы на правовой карте мира определено, остаются дискуссии на этот счет. Кроме того, российское право испытывает влияние со стороны различных правовых систем что находит отражение как в законодательстве, так и на практике. Despite the fact that most experts believe that the place of the Russian legal system on the legal map of the world has been determined, discussions remain on this subject. In addition, Russian law is influenced by various legal systems, which is reflected both in legislation and in practice.

The Influences of Common Law on the Brazilian New Code of Civil Procedure

2018 ◽  
Vol 46 (3) ◽  
pp. 176-180
Author(s):  
Lucas Alves Edmundo Gomes
Keyword(s):  
Legal System ◽  
English Language ◽  
Islamic Law ◽  
Common Law ◽  
Civil Law ◽  
Civil Procedure ◽  
The Other ◽  
Legal Systems ◽  
Other Hand ◽  
The World

AbstractMost legal scholars assume that there are only two “families” of legal systems in the world: common law and civil law. Briefly, common law is applied in all countries that speak the English language and has its origination from the “habits of society.” On the other hand, civil law is applied just about everywhere else, with a few exceptions, such as in tribal law areas, jurisdictions that follow Islamic law, and a few other smaller legal systems. Brazil's New Code of Civil Procedure was promulgated in 2015 and brought innovations to Brazilian law. Elements of common law were incorporated into the Brazilian legal system, particularly that of using precedent. The application of common law elements in Brazilian law is being studied by various legal specialists. This present study explains how common law can be applied in civil law jurisdictions, similar to the way it is being adapted and applied in Brazil.

African Customary Marriages in South Africa and the Intricacies of a Mixed Legal System: Judicial (In)novatio or Confusio?

2012 ◽  
Vol 57 (4) ◽  
pp. 749-780 ◽  
Author(s):  
Christa Rautenbach ◽  
Willemien du Plessis
Keyword(s):  
South Africa ◽  
Legal System ◽  
Common Law ◽  
Case Law ◽  
Legal Positivism ◽  
Customary Law ◽  
Legal Systems ◽  
The Core ◽  
Marriage Laws

South Africa has a mixed legal system comprised of transplanted European laws (the core being Roman-Dutch law, subsequently influenced by English common law) and indigenous laws, referred to as customary law. This mix is also evident in South Africa’s marriage laws, which can roughly be divided into two categories: civil marriages or unions, and African customary marriages. Since 1994, the developments in these two categories of marriage have been revolutionary. The case law reads like a jurisprudential chronicle of factual situations never contemplated by the legislator, and the judiciary must resort to innovation to solve the intricacies of a constitutionalized mixed legal system. To deal with the challenges posed by the interaction of two seemingly equal legal systems in one legal sphere, the courts have followed a variety of approaches including legal positivism, the application of common law principles, and, more recently, the notion of transformative constitutionalism. The primary aim of this essay is to discuss the sometimes innovative and at other times confusing approaches followed by the judiciary in dealing with the complexities created by a mixed legal system, especially with regard to marriages between Africans.

scholarly journals Visualizing Omicron: COVID-19 Deaths vs. Cases Over Time

2022 ◽  
Author(s):  
Ramy Arnaout ◽  
Rima Arnaout
Keyword(s):  
South Africa ◽  
Time Series ◽  
Starting Point ◽  
The World ◽  
Report Data ◽  
Over Time

Abstract For most of the COVID-19 pandemic, the daily focus has been on the number of cases, and secondarily, deaths. The most recent wave is caused by the omicron variant, first identified at the end of 2021 and the dominant variant through the first part of 2022. South Africa, one of the first countries to experience and report data regarding omicron, reported far fewer deaths, even as the number of reported cases rapidly eclipsed previous peaks. However, as more countries report on omicron, there remains uncertainty as to how it compares to prior waves. To more readily visualize the dynamics of cases and deaths, it is natural to plot deaths per million against cases per million. Unlike the time-series plots of cases or deaths that have become daily features of news outlets during the pandemic, which have time as the x-axis, in a plot of deaths vs. cases, time is implicit, and is indicated in relation to the starting point. Here we present and briefly examine such plots from a number of countries and from the world as a whole, illustrating how they summarize features of the pandemic in ways that are harder to extract from time series. These plots suggest that in most places, the omicron wave is very different from those that came before. Code for generating these plots for any country is provided on GitHub (https://github.com/rarnaout/Covidcycles).

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