This book introduces students to the distinct legal traditions that make up the South African legal system.

The casebook on the South African law of persons provides clear and concise analysis of the facts and principles enunciated by the courts on the law of persons. It contains commentary and extracts from cases referred to in The South African law of persons.

The fourth edition of Principles of Evidence strikes a balance between the theory of the law of evidence and its practical application. This edition continues to assess the impact of the Constitution on the traditional Anglo-South African law of evidence, especially with regards to the admissibility of unconstitutionally obtained evidence. It further discusses the statutory provisions regulating diverse matters such as sexual history evidence and the admissibility of electronic evidence.

This book includes a practical analysis of statutes that impact on civil procedure and relevant case law. A set of precedents can be downloaded in electronic format.

This publication was developed to provide undergraduate law students and newly qualified practitioners with an easy to follow guide through the intricacies of South African civil procedure in the High Court and the Magistrates' Courts. Procedures are logically set out chapter by chapter for ease of reference and understanding.

Complex procedures are set out in diagrams throughout the text and an annexure contains additional procedures and basic precedents.

Students will find this book invaluable in their study of Criminal Procedure. It introduces readers to the fundamental principles and values underlying this field of law and guides them systematically through the rules of procedure that apply in criminal cases.

Precedents for Applications in Civil Proceedings has been written to assist all, from aspirant novices to experienced practitioners.

The book contains more than 100 examples covering an extensive range of more than 50 subjects, with commentary on the requirements of applications and the identification of typical defences.

Precedents for Applications in Civil Proceedings comprises four parts: Part 1 - Introduction and General Guidelines: advice on drafting with emphasis on application papers; Part 2 - Generic Applications and General Matters: generic applications such as interdicts, reviews, appellate applications and the like; Part 3 - Procedural, Interlocutory and Incidental Applications Matters: An extensive range of interlocutory, incidental and procedural applications; Part 4 - Specific Substantive Applications: Comprising a wide range of subjects with commentary and precedents thereon.

The second edition of Criminal Procedure: Legislative Guide is intended for use by students studying criminal procedure.

The Guide is a useful collection of legislation that will assist students with studying, exam preparation and the answering of assignments. The purpose of the Guide is to equip students with the theoretical knowledge and applied skills, aptitudes and competencies necessary to analyse and solve issues and disputes arising from the adjectival process of South African criminal procedure as it applies to adult accused persons and child offenders.

The new edition deals with the new legislation affecting the law of damages, including the Road Accident Fund Amendment Act 19 of 2005, the National Credit Act 34 of 2005 and the Consumer Protection Act 68 of 2008. A large number of important Constitutional Court, Supreme Court of Appeal and High Court judgments and academic contributions since 2003 relating to most fields of the law of damages in both delict and contract are examined in the new editions.

Eric Morris’ Technique in Litigation has been of inestimable value to fledgling advocates and attorneys for four decades. The book is concerned with litigation in both the High Courts and the magistrates’ courts, and provides useful, practical guidance on all aspects of litigation.

The sixth edition of Technique in Litigation has been substantially revised and updated, resulting in a book that still captures Morris’ humour and timeless wisdom, while at the same time being thoroughly topical and practical for the modern lawyer seeking to become a courtroom specialist.

The book will be of value not only to young practitioners still learning the technique of litigation, but also to more experienced practitioners to verify and enhance their courtroom techniques.

The law of evidence is vital to each legal practitioner and forms part of the curriculum of every South African law qualification. It is compulsory even for some degrees not strictly confined to legal practice, such as certain police and related qualifications. However, the law of evidence is not considered an easy subject, especially not for persons who have never been inside a court of law.

In this work, academics with practical experience of the criminal justice system have selected a number of decided cases as well as statutes relevant to the law of evidence. Illuminating commentary is provided, which should assist any student of the discipline to get to the core of these texts. Due attention has also been paid to the constitutional aspects of the law of evidence.

Die bewysreg is onmisbaar vir elke regspraktisyn en maak deel uit van die leerplan van elke Suid-Afrikaanse regskwalifikasie. Dit is selfs verpligtend vir sommige grade wat nié tot die regspraktyk beperk is nie, soos sekere polisie en verbandhoudende kwalifikasies. Tog word bewysreg as ’n moeilike vak beskou, veral vir diegene wat nog nooit in ’n geregshof was nie.

In hierdie boek het akademici met praktiese ervaring van die strafregstelsel ’n aantal besliste hofsake sowel as wetgewing van toepassing op die bewysreg uitgesoek. Die insiggewende kommentaar wat voorsien word, behoort enige student van bewysreg tot die kern van die tekste te help deurdring. Behoorlike aandag word ook geskenk aan die grondwetlike aspekte van die bewysreg.

Evidential Aspects of Law Enforcement will assist law enforcement officers with gaining a clear understanding of the legal principles involved in the gathering of evidence, whether on crime scenes or during further investigations.

A successful prosecution depends on the value of the evidence gathered from the moment that the crime was reported. Evidential Aspects of Law Enforcement addresses the law of evidence and aspects of the law of criminal procedure that relate to the law of evidence. The book also explains the importance of effecting an arrest to facilitate the gathering of evidence from a suspect (such as fingerprints and DNA), and how the conduct of the enforcement officer may affect investigations.

Evidential Aspects of Law Enforcement explains technical legal terms in a straightforward and practical way, and contains the information that all law enforcement officers require to perform their duties effectively.

The South African Law of Evidence is the authoritative and comprehensive guide to the law of evidence in South Africa, combining the received wisdom of the past with the imperatives of the 1996 Constitution, and includes more in-depth discussion of such topics as hearsay, admissions and confessions, and privilege.

Constitutional jurisprudence and extensive use of comparative international case-law and literature broaden your understanding of the theory underpinning the nature and problem of proof plus this 3rd edition is more up-to-date and comprehensive.

This book provides candidate attorneys with the practical information that they need when starting articles.

The information in this guide bridges the gap between the university environment, where the emphasis is on theoretical knowledge, and the candidate attorney’s new working environment, where the emphasis is on the practical, hands-on application of this knowledge and learning fast! It covers the candidate attorney’s relationship with his or her principal, with counsel and clients, registering and ceding articles, issuing, serving and filing, the courts, how to prepare for applications and actions, being admitted as an attorney, ethics and etiquette.

Features and Benefits

• A practical handbook intended for the new candidate attorney covering everything from working with principals, counsel and clients, to etiquette, actions and applications
• Plain language approach

The bestselling title in the Oxford Quick Reference series, A Dictionary of Law is an essential reference work, described by leading university lecturers as 'the best law dictionary' and favoured by law students and legal professionals alike. The tenth edition features over 4,900 clear and concise definitions on major terms, concepts, and processes within the English legal system, and is a useful source of information for any of the many countries that base their legal system on English law. It includes more than 120 new entries, including acid attacks, lasers, Nightingale Courts, Northern Ireland Protocol, and retained EU Law. Many of the new and revised entries reflect changes brought about by Brexit and the Divorce, Dissolution and Separation Act 2020. There have also been significant increases of coverage in the areas of constitutional law, medical law, and employment law and professional regulation. Updated web links complement the text and lead to a dedicated companion website for further reading materials. The dictionary also contains a guide to legal writing, and a citation guide drawn from the Oxford Standard for Citation of Legal Authorities (OSCOLA).

The 2nd edition of Criminal Procedure Workbook is designed as an aid in the study of criminal procedure and should be used in conjunction with the prescribed textbook. It is easy to use and facilitates learning through practical, real life scenarios. In particular, it hones in on the areas where students need assistance when preparing for tests and exams.

The practical and straightforward solutions will give students a better understanding of the subject as well as enable them to improve their results.

English
The second edition of this bilingual Criminal Procedure Casebook provides the reader with excerpts of judgments that illustrate the most important aspects and underlying principles of South African criminal procedure. It also contains a section on international and transnational criminal matters. This edition includes new topics such as the accused’s capacity to understand proceedings (mental illness and criminal matters), undue delays in criminal matters and child justice.

A summary of the facts and important issues precedes each case excerpt. The excerpts are followed by a critical note evaluating and explaining the relevance and importance of the judgment. The method employed by the authors in their selection of cases reflects a principled approach to the subject. All introductory and explanatory notes are in English and Afrikaans, and Afrikaans judgments are followed by an English translation.

This book will be of invaluable assistance in the study of the dynamic field of criminal procedure. It can be used as a companion to the Criminal Procedure Handbook twelfth ed by Joubert (editor) et al.

Afrikaans
Die tweede uitgawe van die Strafprosesreg Vonnisbundel verskaf aan die gebruiker uittreksels uit hofbeslissings wat die belangrikste aspekte van en beginsels onderliggend aan die Suid-Afrikaanse strafprosesreg illustreer. Dit bevat ook ‘n afdeling wat internasionale en transnasionale strafregtelike aangeleenthede aanraak. Hierdie tweede uitgawe bevat nuwe onderwerpe wat insluit: die beskuldigde se vermoë om verrigtinge te begryp (geestesongesteldheid en strafregtelike toerekenbaarheid), onbehoorlike vertragings in strafregtelike verrigtinge en kinderstrafproses.

Elke uittreksel word voorafgegaan deur ‘n opsomming (in Engels en Afrikaans) van die feite en belangrike kwessies. Die uittreksels word gevolg deur ‘n kritiese aantekening (weereens in Engels en Afrikaans) waarin die belang van die uitspraak oorweeg en verduidelik word. Uitsprake in Afrikaans word gevolg deur ‘n Engelse vertaling. Die skrywers se keuse van uitsprake weerspieël ‘n beginselmatige benadering tot die onderwerp.

Die boek sal nuttig wees by die bestudering van die dinamiese gebied van die strafprosesreg. Dit kan saam met die Strafprosesreghandboek twaalfde uitgawe deur Joubert (redakteur) et al gebruik word.

Building on the success of the first edition, the second edition of The Law of Arbitration: South African and International Arbitration sets out the South African common law, legislation and local and international case law applicable to each stage of the arbitration cycle, including the arbitration agreement, intervention by courts pending arbitration, the appointment of and challenges to the arbitrators, the pleadings and arbitration proceedings, and the arbitration award. A brief overview of alternative dispute resolution approaches is also provided as a contextual introduction.

The second edition now incorporates the new International Arbitration Act 15 of 2017 and updates the references to local case law as well as international case law relating to the UNCITRAL Model Arbitration Law (MAL). Act 15 of 2017 cements South Africa’s position not only as a venue for international arbitration but also for the enforcement of foreign arbitral awards, making this title indispensable for South African arbitrators wanting to gain experience in international arbitration.

The following appendices are incorporated in the second edition of The Law of Arbitration:

• The Arbitration Act 42 of 1965;
• The Rules for the Conduct of Arbitrations (2018 Edition) of the Association of Arbitrators (Southern Africa);
• The International Arbitration Act 15 of 2017, together with its Schedules (UNCITRAL Model Law on International Commercial Arbitration; UNCITRAL Conciliation Rules; Convention on The Recognition and Enforcement of Foreign Arbitral awards)

The International Criminal Court (ICC) and the United Nations Security Council (UNSC) are both empowered to request States to freeze individuals' assets. Regardless of their duration, such measures necessarily infringe upon the targets' rights. Yet, the longer assets are frozen, the more acute these infringements can become. ICC-requested asset freezes can endure from the issuance of an arrest warrant until the accused is acquitted or convicted, whereas UNSC ordered measures continue until international peace and security is restored. Asset freezes executed at the behest of the ICC and the UNSC are therefore rarely short in duration. The focus of this book rests on the two bodies' exercise of their asset freezing powers, with a particular emphasis on the legal protections available to the individuals at the receiving end of the procedures with which the ICC and the UNSC are equipped. This book will be of interest to practitioners, academics, government officials, members of civil society, and postgraduate students with an interest in public international law, especially international criminal justice and international human rights law.

Across Europe, restorative justice has gained acceptance as a way of resolving disputes and mitigating the harm of crime in the community. Practitioners have also begun to coordinate restorative meetings in prisons in an effort to reduce the harms of victimisation and to encourage desistance from crime. This book provides a comprehensive evaluation of Building Bridges, a programme of restorative meetings between victims and prisoners in seven European countries. The authors first describe how participation affected victims and offenders. Then, through case studies in three countries, they frame the social-ecological contexts of the programmes, discussing the organisational and socio-political factors that influenced how these programmes were delivered and what is necessary for them to be sustained. Funded by the European Commission, this evaluation is essential reading for practitioners and policy-makers interested in restorative justice and prisons. It offers important insights into the potential of restorative approaches for victims and offenders and reveals the organisational and cultural obstacles to be overcome before restorative justice is a regular feature of prisons in Europe.

International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.

China s legal system is vast and complex, and robust scholarship on the subject is difficult to obtain. Inside China s Legal System provides readers with a comprehensive look at the system including how it works in practice, theoretical and historical underpinnings, and how it might evolve. The first section of the book explains the Communist Party s utilitarian approach to law: rule by law. The second section discusses Confucian and Legalist views on morality, law and punishment, and the influence such traditional Chinese thinking has on contemporary Chinese law. The third section focuses on the roles of key players (including judges, prosecutors, lawyers, and legal academics) in the Chinese legal system. The fourth section offers Chinese legal case studies in civil, criminal, administrative, and international law. The book concludes with a comparison of China s fundamental governing and legal principles with those of the United States, in such areas as checks and balances, separation of powers, and due process.
Uses extensive legal materials and historical documents generally unavailable to Western based academicsGives insider knowledge, including first-hand experience teaching law, and close involvement with judges, attorneys, and law professors in ChinaAnalyses legal issues from historical and cultural perspectives holistically"

More than 10.74 million people globally are detained in penal institutions. An estimated 40% to 90% of these detainees suffer from mental illness. This makes the prevalence of mental disorder in detainees extremely high compared with the general population (18% to 29%). As a consequence, defendants and detainees with mental illness are not 'yet another vulnerable group' that should be 'taken into account' in developing laws and policies On the contrary, they are a dominant force and therefore a factor that should shape our criminal justice systems. This edited volume provides insight into the causes of the current situation, the human rights implications and other problems that this situation generates and possible solutions and best practices. The volume comprises an introductory chapter that provides a broad introduction to the topic, seven thematic chapters addressing mental health and criminal justice from various disciplines and fourteen national chapters describing the situation in individual countries. In all these chapters a variety of questions is addressed: Should we at all put mentally ill offenders in prison? Can the human rights perspective and the interests of society perspective on this issue be united? And are mentally ill offenders the responsibility of the health department or of the justice department? This edited volume presents a thorough discussion on these and many more questions with a broader aim of contributing to a continuous effort to place the alarming situation of mentally ill offenders on the international agenda. Plus de 10,74 millions de personnes dans le monde sont detenues dans des etablissements penitentiaires. On estime que 40 a 90 % de ces detenus souffrent d'une maladie mentale. La prevalence des troubles mentaux chez les detenus est donc extremement elevee par rapport a la population generale (prevalence de 18 % a 29 %). Par consequent, les prevenus et les detenus souffrant de troubles mentaux ne constituent pas " un autre groupe vulnerable " qui devrait etre "pris en compte" lors de l'elaboration de lois et de politiques. Au contraire, ils constituent une force dominante, et donc un facteur qui devrait faconner nos systemes de justice penale. Ce volume edite donne un apercu des causes de la situation actuelle, des implications en matiere de droits de l'homme et des autres problemes que cette situation genere, ainsi que des solutions possibles et des meilleures pratiques. L'ouvrage comprend une introduction circonstanciee du sujet, sept chapitres thematiques abordant la sante mentale et la justice penale sous l'angle de diverses disciplines et quatorze chapitres nationaux decrivant la situation dans les differents pays. Diverses questions sont abordees dans chacun de ces chapitres, telles que : faut-il vraiment emprisonner les delinquants souffrant de troubles mentaux? Est-il possible de concilier la perspective des droits de l'homme et celle des interets de la societe sur cette question? Et: les delinquants souffrant de troubles mentaux relevent-ils de la responsabilite du ministere de la Sante ou du ministere de la Justice? Outre la presentation d'un debat approfondi sur ces questions et bien d'autres encore, cet ouvrage vise a contribuer a un effort continu pour inscrire la situation alarmante des malades mentaux a l'ordre du jour international.

How did the United States, a nation known for protecting the "right to remain silent" become notorious for condoning and using controversial tactics like water boarding and extraordinary rendition to extract information? What forces determine the laws that define acceptable interrogation techniques and how do they shift so quickly from one extreme to another?
In Confessions of Guilt, esteemed scholars George C. Thomas III and Richard A. Leo tell the story of how, over the centuries, the law of interrogation has moved from indifference about extreme force to concern over the slightest pressure, and back again. The history of interrogation in the Anglo-American world, they reveal, has been a swinging pendulum rather than a gradual continuum of violence.
Exploring a realist explanation of this pattern, Thomas and Leo demonstrate that the law of interrogation and the process of its enforcement are both inherently unstable and highly dependent on the perceived levels of threat felt by a society. Laws react to fear, they argue, and none more so than those that govern the treatment of suspected criminals.
From England of the late eighteenth century to America at the dawn of the twenty-first, Confessions of Guilt traces the disturbing yet fascinating history of interrogation practices, new and old, and the laws that govern them. Thomas and Leo expertly explain the social dynamics that underpin the continual transformation of interrogation law and practice and look critically forward to what their future might hold.