Interpretation of statutes is about understanding enacted law-texts, that is, making sense of the legislative scheme applicable to the situation at hand. Statutory Interpretation: An Introduction for Students aims to teach students to interpret and apply legislation within the total legal environment.

Part 1 (‘Statute law’) introduces students to the different types and categories of legislation, the structural components of legislation, the sometimes confusing ‘codes’ used in legislative texts, and the challenges of applying old order legislation together with new legislation. Part 2 (‘How legislation is interpreted’) comprises a chapter on the theoretical foundations of interpretation and an overview of the basic approaches to statutory interpretation in South Africa, and a chapter dealing with the practical application of the rules of interpretation. Part 3 (‘Judicial law-making during interpretation, and peremptory and directory provisions’) deals with day-to-day applications, and Part 4 is a basic introduction to constitutional interpretation. Students are also introduced to less well-known aspects of statutory interpretation, such as deeming clauses, the suspension of legislation, sunset clauses, legalese, and the counter-majoritarian difficulty.

The 6th edition of Statutory Interpretation: An Introduction for Students is a user-friendly introduction to the basic principles of statutory interpretation. It is aimed mainly at undergraduate students, but practitioners will also find it useful. The rules and principles of statutory interpretation are explained using hypothetical situations and practical examples from case law and legislation.

Are the courts against the people of South Africa?

Since populist factions claim to be the people, judges confronting them do not just decide against the people; they are against the people.

The judiciary faces a barrage of attacks not just from the ruling ANC but from other political parties clamouring for power. There comes a predictable phase in the cycle of politics where this is most likely to occur. Why does it benefit political parties to deflect from their failure to deliver with calls for parliamentary sovereignty? Why do so many myths circulate about the nature of our courts and constitution?

Dan Mafora answers these questions and more in an inspired analysis. He takes us through the historical ideological clashes within the ANC that make judicial independence up for debate, how administrations since '94 have responded to judicial decisions and why this phenomenon is important to watch globally. He also examines how disinformation campaigns play a big role.

Principles of Competition Law in South Africa offers an accessible, applied and rigorous introduction to the general principles of competition law and policy in South Africa. The text presents the fundamental principles of competition law within a clear and practical framework, and supports enquiring engagement with critical and reflective issues. Providing a comprehensive foundation of knowledge, the text introduces relevant, key concepts and perspectives of competition economic theory, inviting readers to deepen their understanding of the core subject matter in an accessible manner. Principles of Competition Law in South Africa is suited as course material for students who are studying competition law as a module of the LLB degree programme, or at postgraduate level. It is also a useful resource for practitioners who may wish to engage with foundational and current principles of the field.

Now part of the Juta’s Property Law Library series, the third edition provides a comprehensive discussion of the core aspects of South African planning law.

The second edition, Planning Law (2012), reflected more of the new constitutional dispensation that brought with it not only a focus on values and equity, but also the development of an entirely new vision and structure for planning in the three spheres of government. It introduced some basic principles, addressed the apartheid roots of planning law in South Africa and gave detailed attention to the core of planning law.

Since the publication of the second edition, planning law has received increasing attention and the constitutional, legislative and jurisprudential framework has undergone significant contextual development. Evolving constitutional insights are providing a better perspective on the content of planning law and the impact of planning frameworks and decisions on government, in its three spheres, as well as owners and neighbours.

The Constitutional Court has, to a large extent, clarified the different planning competences and how these are allocated to each of the spheres of government. The enactment of the Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA) has paved the way for the discipline to develop considerably and to be more integrated. The resultant effect on planning law has been immense and has necessitated this new edition that has been reworked and updated in its entirety. Since planning law is multi-faceted, the book also deals with related administrative, environmental, local government and informal settlement issues. All the relevant legal principles and legislative provisions are amplified by discussions of applicable court decisions.

Sex crime has become one of the most intense areas of public and political concern in recent decades. This book explores the complex influences that shape its construction in the press. Media representations give important clues as to how we should perceive the nature and extent of sex crime, how we should think and feel about it, how we should respond to it, and the measures that might be taken to reduce risk. Understanding the media construction of sex crime is central to understanding its meaning and place in our everyday lives. Unlike much of the existing research, this book explores the construction of sex crime at every stage of the news production process. It then locates the findings within a wider context of cultural, economic and political change in late modernity. The book; shows how increased market competition and tabloidisation has altered fundamentally the way in which news is produced, communicated and consumed discusses representations of the full range of sex crimes from consensual homosexual offences and prostitution to serial rape and sex murder draws upon extensive empirical research in Northern Ireland, while addressing issues relevant to advance capitalist societies across the globe

Previously titled Lawful Living, this second edition is revised, expanded, updated and now fully indexed.

It presents a compilation of the provisions tucked away in nearly 300 South African statutes, which lay down the law for compliance – whether in business, at home, or by Government. The provisions have been rewritten in plain language by a senior advocate with 35 years' legal experience. They are neatly arranged into areas of commerce, industry and everyday life and can be found quickly - and understood.

The book does not deal with compliance frameworks internal and specific to corporations, and professional or industry associations and bodies. However, it is an invaluable resource for professionals, businesses, law-enforcement agencies, and all citizens: in other words, those who want to stay compliant - or hold accountable the government, their municipality, their neighbour or their competitor.

How do drugs get to the market? What controls are there and what procedures for monitoring their effects? And how adequate are the regulators in protecting public health when new drugs have serious side effects? The Therapeutic Nightmare tells the story of the sleeping pill Halcion - a story which is far from over. First marketed in the 1970s, Halcion has been taken by millions of patients around the world. For many years it has been associated with serious adverse effects such as amnesia, hallucinations, aggression and, in extreme cases, homicide. Thirteen years after its first release, it was banned by the British government. It remains on sale in the United States and many other countries. This book explains why patients have come to be exposed to Halcion's risks and examines the corporate interests of the manufacturers, the professional interests of the scientists and medical researchers and the interests of patients in safe and effective medication. It reveals how these contending forces shape the regulatory decision-making process about drug safety. As the number of new drugs and health products grows, a major challenge facing regulators and the medical profession is how to put the interests of public health decisively and consistently above the commercial interests of the drugs industry, while becoming more accountable to patient and consumer organizations.

In this cutting-edge book, Alexander Orakhelashvili addresses the doctrine of causation, examining its suitability to influence, or contribute to, the process of responsibility of State and non-State actors in international law. In doing so, the book considers the record so far and places the international legal system's practical experience within its normative context. Split into four chapters, the book begins by examining the workings of causation across various national legal systems, including the common law and the civil law systems. The central second chapter considers the doctrine of causation within the structure of the law of State responsibility for internationally wrongful acts, focusing mainly on the ways in which causation is both adopted and bounded within the international legal system. The next chapter deals with the practice of international courts and tribunals relating to causation, including the International Court of Justice and the European Court of Human Rights, and the final chapter offers some critique of secondary literature on causation and related issues arising in national and international law. Deeply grounded in evidence, illuminating, comprehensive and timely, Causation in International Law will be key reading for academics, postgraduate students and practising lawyers in the areas of public international law and legal theory.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. In this carefully drafted work, Ernst Hirsch Ballin uncovers the foundations of legal research methods, an area of legal scholarship distinctly lacking in standardisation. Offering a critical overview of the theories underlying methodological research, as well as the methods themselves, the book explores how such methods differ along critical, empirical, and fundamental lines, and how, by building on these approaches, legal research may contribute to well-considered developments in the law. Such explorative research, the author argues, is crucial in overcoming crises and restoring trust in the law. Key features include: an exploration of the common object of legal research: law in the sense of legal rules, decisions, principles and values special emphasis on the legal-grammatical category of personhood and on constitutional foundations a consideration of law as a normative language intended to guide behaviour a consideration of the theoretical underpinnings of legal research methods. This Advanced Introduction will greatly benefit legal scholars who seek to understand the object and methods of their work, as well as law and philosophy students looking to grasp the theoretical and methodological foundations of law and legal development.

The Consumer Welfare Hypothesis in Law and Economics is a compelling account of market relations with firm roots in economic theory and legal practice. This incisive book challenges the mainstream view that allocative efficiency is about total welfare maximisation. Instead, it argues for the consumer welfare hypothesis, in which allocating resources efficiently means maximising consumer welfare, and demonstrates that legal structures such as antitrust and consumer law are in reality designed and practised with this goal in mind. Using this paradigm, Fabrizio Esposito overcomes the opposition between efficiency and distribution and provides a firmer basis for debates about the foundations of contract law, antitrust law and consumer law, particularly in the European Union. The outcome is a bilateral view of the connection between the law and the economy and a rich research agenda to further understanding of the legal-economic nexus. Scholars and students of law and economics, as well as contract, consumer and antitrust and competition law will find this book a thought-provoking study. Its innovative yet straightforward conceptual framework will also be of interest to practitioners, policymakers and stakeholders in these fields.

International law is an underdeveloped branch of legal research: researchers still disagree over the proper understanding of several of its most fundamental issues, and genuinely so. This book helps to explain why. It brings clarity that will no doubt make international legal research more rational, which in turn vouches for a more productive legal discourse. The author, together with invited contributors, builds an argument around theories of epistemological justification. As chapters contend, in international legal discourse, the construction of knowledge about international law presupposes some notion of an international legal system. International legal discourse accommodates several such notions. Each notion derives from a different conception of law. Thus, depending on whether a researcher endorses a legal positivist's, a legal idealist's or a legal realist's conception of law, he or she will be constructing knowledge of international law under different epistemic conditions. The book sheds considerable light on these different conditions, with several chapters exploring how the different notions of an international legal system play out in the context of a series of concrete themes of legal practice. In doing so, the book helps to build a bridge between the practical and more philosophical aspects of this topic. This book will be an ideal companion for scholars of international law. Lawyers and students interested in legal theory and philosophy will also benefit from this thought-provoking study.

This commemorative work marks the hundredth year in which law has been taught at the University in Pietermaritzburg. It details the history of the teaching of law in Pietermaritzburg, and gathers contributions from top academics connected in various ways with the Faculty in Pietermaritzburg. The title includes a diverse range of articles and 19 photographs.

This comprehensive Research Handbook provides an unparalleled overview of contemporary private law theory. Featuring original contributions by leading experts in the field, its extensive examinations of the core areas of contracts, property and torts are complemented by an exploration of a breadth of topics that cross the divide between private and public law, including labor law and corporate law. Beginning with a nuanced consideration of the ways in which the private/public distinction has been defined and discussed over time, the Research Handbook investigates and compares differing viewpoints on the concept of private law. Chapters explore key issues in the theory of private law from legal, economic, philosophical, political, feminist, historical and sociological perspectives, utilising a rich diversity of methodological approaches. The contributors also offer a variety of views on the future of private law and private theory. The Research Handbook on Private Law Theory will be an essential resource for legal thinkers, in particular scholars and graduate students working in any area of private law. Its varied perspectives on the subject will also be of interest to philosophers, political scientists, economists and sociologists.

A pioneer in forensic anthropology, Dr. Bill Bass created the world's first laboratory dedicated to the study of human decomposition--three acres on a hillside in Tennessee where human bodies are left to the elements. His research has revolutionized forensic science, but during a career that has spanned half a century, Bass and his work have ranged far beyond the gates of the "Body Farm."

In this riveting book, the renowned bone sleuth explores the rise of modern forensic science and takes readers deep into the real world of crime scene investigation. Beyond the Body Farm is an extraordinary journey through some of the most fascinating investigations of Dr. Bass's career--and a remarkable look at the high-tech science used to crack the most perplexing cases.