Browsing Law Research Articles by Title

Now showing items 46-65 of 90

Levinas on law: A Derridean reading of Manderson’s Proximity, Levinas, and the Soul of Law

De Ville, Jacques (Griffith University, Griffith Law School, Socio-Legal Research Centre, 2007)

In this article, Desmond Manderson’s book, Proximity, Levinas, and the Soul of Law (2006) is analysed specifically with reference to the accuracy with which it translates Derrida’s thinking into law. Manderson, in a number ...
Like running on a treadmill? The 14th and 15th sessions of the African Committee of Experts on the Rights and Welfare of the Child

Sloth-Nielsen, Julia; Mezmur, Benyam Dawit (Juta Law, 2010)

The 14th and 15th sessions of the African Committee of Experts on the Rights and Welfare of the Child were held in November 2009 and March 2010 respectively. The Committee has considered more reports and issued its first ...
The limits imposed upon freedom of testation by the boni mores: Lessons from common law and civil law (continental) legal systems

du Toit, Francois (Juta, 2000)

This article investigates the limitation of freedom of testation in terms of the boni mores or public policy from a legal-comparative perspective. The limits imposed by public policy on freedom of testamentary disposition ...
Local government in Ethiopia: still an apparatus of control?

Ayele, Zemelak (University of the Western Cape, 2011)

Historically, local authorities in Ethiopia enjoyed wide political, administrative, judicial, and financial autonomy. However, from the 1850s a process of territorial expansion and centralisation was initiated in the ...
Madness and the law: The Derrida/Foucault debate revisited

De Ville, Jacques (Springer, 2010)

In this article the Derrida/Foucault debate is scrutinised with two closely related aims in mind: (1) reconsidering the way in which Foucault’s texts, and especially the more recently published lectures, should be read; ...
Muslim Personal Laws affecting children: diversity, practice and implications for a new children's code for South Africa

Moosa, Najma (Juta Law, 1998)

Introduction: Marriage is seen as an institution for, among various objects, the procreation of children. Children in Islam are ideally seen as the fruits of marriage-for mothers as homemakers to love and nurture and for ...
Muslim Personal Law - to be or not to be?

Moosa, Najma (Juta Law, 1995)

Introduction: The first Muslims had arrived at the Cape from the Dutch colonies in the East Indies (now Indonesia) and the coastal regions of Southern India from anywhere around 1652-1658. Despite having been granted the ...
Mythology and the images of justice

De Ville, Jacques (University of California Press, 2011)

This essay enquires into the depictions of Justice through the ages, as well as the myths surrounding these depictions, more particularly in Egypt, Greece, and Rome, as well as in modern times. The essay departs in significant ...
New light on old questions? University of Cape Town v Auf Der Heyde (Labour Appeal Court)

Du Toit, Darcy (Juta Law, 2002)

Introduction:Thomas Auf der Heyde responded to an advertisement for a position of senior lecturer in chemistry at the University of Cape Town (UCT), the duration of which was 'initially for three years with a possible ...
Not ‘work like any other’: Towards a framework for the reformulation of domestic workers’ rights

Du Toit, Darcy (Juta Law, 2011)

Introduction: On 15 June 2010 the 99th session of the International Labour Conference (ILC) adopted proposals for a Convention, supplemented by a Recommendation, on decent work for domestic workers. From this has emanated ...
Of newborns and nubiles: some critical challenges to children's rights in Africa in the era of HIV/AIDS

Sloth-Nielsen, Julia (Brill Academic Publishers, 2005)

The international legal framework within which HIV/Aids issues should be addressed Both the UN Convention on the Rights of the Child (1989) and the regional charter for the protection and promotion of children's rights, ...
Oil on troubled waters? The slippery interface between the contract of employment and statutory labour law

Du Toit, Darcy (Juta Law, 2008)

Introduction: Although in labour law the term ‘employment relationship’ means more than a contractual relationship, in the vast majority of cases the contract of employment serves as ‘port of entry’ to the employment ...
“One moment of extreme irresponsibility”: Notes and comments on Humphreys v S and the volitional component of dolus eventualis in the context of dangerous or irresponsible driving

Van der Merwe, Hermanus J. (University of the Western Cape, 2013)

The 2013 judgment of the Supreme Court of Appeal in Humphreys v The State has provided a measure of clarity as regards the application of the principles of dolus eventualis, particularly the volitional component thereof ...
Out of the starting blocks : the 12th and 13th sessions of the African Committee of Experts on the Rights and Welfare of the Child

Sloth-Nielsen, Julia; Mezmur, Benyam Dawit (Juta Law, 2009)

The 12th and 13th meetings of the African Children's Committee were held in November 2008 and April 2009 respectively. With the African Children's Charter entering its 10th year since entry into force, the real work of the ...
Palliative care for terminally ill inmates: Does the state have a legal obligation?

Albertus, Chesne (Juta Law, 2012)

‘We ought to give those who are to leave life … the terminally ill … the same care and attention that we give those who enter life – the new-born.’1 In this article it is contended that terminally ill inmates have a right ...
Policy and practice in South African prisons: an update

Sloth-Nielsen, Julia (University of the Western Cape, 2005)

Julia Sloth-Nielsen points to challenges in the correctional system that South Africa's new constitutional democracy was faced with, including the deep-rooted militaristic tradition that needed to be replaced and the ...
Polygynous Muslim marriages in South Africa: their potential impact on the incidence of HIV/AIDS

Moosa, Najma (North-West University, 2009)

Introduction: Polygyny is generally deemed to be incompatible with Western norms of monogamy and equality, and, therefore, discriminatory to women. This article does not debate the merits and demerits of this view, but ...
Promoting minority rights in the context of economic, social and cultural rights in South Africa

Moosa, Najma (UNISA Press, 2002)

Introduction: It has been commonly thought that if ethnic, religious and national minorities are allowed to give expression to their respective group attachments, then that should be deemed sufficient protection against ...
The prospect of rehabilitation as a ‘substantial and compelling’ circumstance to avoid imposing life imprisonment in South Africa: A comment on S v Nkomo

Mujuzi, Jamil Ddamulira (Juta Law, 2008)

When the death penalty was declared unconstitutional in South Africa, the government enacted the Criminal Law Amendment Act in 1997 which, amongst other things, stipulated that a person convicted of some of the scheduled ...
Protecting inmates' dignity and the public's safety: a critical analysis of the new law on medical parole in South Africa

Albertus, Chesne (University of the Western Cape, 2012)

This paper is aimed at critically assessing the new section 79 of the Correctional Services Act and whether it creates a medical parole system which protects the dignity of inmates and gives due consideration to public safety.

Now showing items 46-65 of 90

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