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Books > Law > Jurisprudence & general issues > Foundations of law > General
Speurder-sersant Luna Joubert van die Stellenbosch polisiediens word gestuur om die eienaardige dubbele moord op die eienaar van ’n kwekery en sy vrou te ondersoek. Die De Winters is beide met ’n skerp voorwerp aangeval, maar daar was geen teken van ‘n struweling of enige getuies om sin te maak van die voorval nie. Terwyl Luna sukkel om ’n moord sonder verdagtes of leidrade op te los, maak Mike Grant weer sy onverwagte verskyning. Hierdie keer is hy op ’n geheime sending onder die geledere van ’n plaaslike dwelmsindikaat. Ten spyte van sy nuwe voorkoms vind Luna dit onmoontlik om nie die deur oop te maak wanneer hy klop nie. Soos Mike homself in die onderwêreld ingrawe, begin Luna op tone trap om haar eie raaisel op te los. Was die De Winters wie almal dink hulle was? Weet die kinders dalk meer as wat hulle voorgee? Wat gaan aan by die studentehuis oorkant die straat? En wie is die man in die sportmotor wat so op die buitewyke van haar ondersoek beweeg? Om antwoorde te kry sal Luna die donkerte en als wat daarin skuil moet trotseer. Bloedbande is die vierdie boek in Jeanette Stals se Luna Joubert-reeks.
In a provocative and brilliant analysis, retired Supreme Court Justice Stephen Breyer deconstructs the textualist philosophy of the current Supreme Court’s supermajority and makes the case for a more pragmatic approach of the Constitution. The relatively new judicial philosophy of textualism dominates the Supreme Court. Textualists claim that the right way to interpret the Constitution and statutes is to read the text carefully and examine the language as it was understood at the time the documents were written. This, however, is not Justice Breyer’s philosophy nor has it been the traditional way to interpret the Constitution since the time of Chief Justice John Marshall. Justice Breyer recalls Marshall’s exhortation that the Constitution must be a workable set of principles to be interpreted by subsequent generations. Most important in interpreting law, says Breyer, is to understand the statutes as well as the consequences of deciding a case one way or another. He illustrates these principles by examining some of the most important cases in the nation’s history, among them the Dobbs and Bruen decisions from 2022 that he argues were wrongly decided and have led to harmful results.
Public procurement law governs the acquisition of the goods and services that a state needs to fulfil its public functions. This area of law has seen tremendous development globally in recent years, and Africa is no exception. In many African countries there have been sweeping reforms in the regulatory regimes that govern public procurement. This trend shows no signs of slowing down. On the African continent, public procurement law is closely tied to pressing policy issues: from development plans to donor aid and international lending, to anti-corruption agendas and capacity challenges, to public finance management, enforceable remedies under the rule of law, and human rights. This book investigates a number of these themes to foster an understanding of public procurement law in the context of contemporary Africa. The authors of this collection, Public Procurement Regulation for 21st Century Africa, draw on their varied experience from scholarship, government, international bodies, NGOs and private practice to provide a range of perspectives that shed light on this vital field of law.
Drawing on a rich and diverse legal heritage, Unjustified Enrichment provides a comprehensive and clearly structured exposition and an in-depth evaluation of the South African law of unjustified enrichment. The book analyses each of the general elements of enrichment liability, and suggests a manageable way of dealing with the intractable problems that arise in the context of indirect or multi-party enrichment.
Restorative Justice has emerged around the world as a potent challenge to traditional models of criminal justice,and restorative programmes, policies and legislative reforms are being implemented in many western nations. However, the underlying aims, values and limits of this new paradigm remain somewhat uncertain and those advocating Restorative Justice have rarely engaged in systematic debate with those defending more traditional conceptions of criminal justice. This volume, containing contributions from scholars of international renown, provides an analytic exploration of Restorative Justice and its potential advantages and disadvantages. Chapters of the book examine the aims and limiting principles that should govern Restorative Justice, its appropriate scope of application, its social and legal contexts, its practice and impact in a number of jurisdictions and its relation to more traditional criminal-justice conceptions. These questions are addressed by twenty distinguished criminologists and legal scholars in papers which make up this volume. These contributions will help clarify the aims that Restorative Justice might reasonably hope to achieve, the limits that should apply in pursuing these aims, and how restorative strategies might comport with, or replace, other penal strategies. Contributors: Andrew Ashworth, Anthony E Bottoms, John Braithwaite, Kathleen Daly, James Dignan, R A Duff, Carolyn Hoyle, Barbara Hudson, Leena Kurki, Allison Morris, Kent Roach, Julian V Roberts, Paul Roberts, Mara Schiff, Joanna Shapland, Clifford Shearing, Daniel van Ness, Andrew von Hirsch, Lode Walgrave, Richard Young.
The Law of Persons in South Africa, Third Edition, offers a rigorous, clear and accessible introduction to the general principles of the law of persons, including principles of customary law. This third edition text is thoroughly revised and updated to address the developments in customary law, case law, and amendments to relevant legislation, that have occurred since the publication of the previous edition of this work. Additionally, The Law of Persons in South Africa, Third Edition, offers a conceptual and enquiring approach that supports independent critical and reflective engagement with the subject matter. Various elements underpin the text's supportive approach, including critical and reflective discussions, numerous diagrams that enable readers to quickly comprehend complex concepts, explanations of legal terminology, and concise chapter summaries.
This illuminating book explores the theme of social constructionism in legal theory. It questions just how much freedom and power social groups really have to construct and reconstruct law. Michael Giudice takes a nuanced approach to analyse what is true and what is false in the view that law is socially constructed. He draws on accounts of European Union law as well as Indigenous legal orders in North America to demonstrate the contingency of particular concepts of law. Utilising evidence from a range of social and natural sciences, he also considers how law may have a naturally necessary core. The book concludes that while law would not exist without beliefs, intentions, and practices, it must always exist as a social rule, declaration, or directive; much, but not all, of law is socially constructed. This book will be a valuable resource for academics and students of law and philosophy as well as researchers interested in the intersections between analytical legal theory, socio-legal studies, and empirical legal studies.
Written as a companion to Kleyn & Viljoen's Beginner's Guide for Law Students, this exciting new work takes students through the range of skills they will require throughout their studies and in practice. The material is presented in the same easy-to-use, fun and accessible manner that was used so successfully in the Beginner's Guide. Throughout, the authors use clear, simple language while never compromising on standards and accuracy.
Grounded in history and written by a law professor, this book is a scholarly yet jargon-free explanation of the differences among the common and civil law concepts of the rule of law, and details how they developed out of two different cultural views of the relationships between law, individuals, and government. The book shows how those differences lead to differences in economic development, entrepreneurship, and corporate governance. The author considers the relationship among the ROL and economic development, the legal and economic differences between shareholder and stakeholder theory, and also offers insights into how to promote effective and sustainable change in law and business. Students and scholars of international business law, corporate governance, economics, and political economy will gain a general understanding of the topic in a way not previously presented.
This guide is aimed at the needs of students to gain a clear understanding of the theory of valuations, an essential area of accounting practice. This edition introduces the discounted cash flow technique of valuation, which is steadily gaining acceptance in practice. Two illustrations of this approach are provided, as are brief notes on Economic Value Added (EVA).
Although most countries around the world use professional judges, they also rely on lay citizens, untrained in the law, to decide criminal cases. The participation of lay citizens helps to incorporate community perspectives into legal outcomes and to provide greater legitimacy for the legal system and its verdicts. This book offers a comprehensive and comparative picture of how nations use lay people in legal decision-making. It provides a much-needed, in-depth analysis of the different approaches to citizen participation and considers why some countries' use of lay participation is long-standing whereas other countries alter or abandon their efforts. This book examines the many ways in which countries around the world embrace, reject, or reform the way in which they use ordinary citizens in legal decision-making.
This book charts the evolution of EU law (both internal market and institutional law) through the jurisprudence of one of its leading jurists. Few have as close an eye-witness view of the evolution of European Union law as judges at the ECJ. They not only observe, however, but actively work towards its development. This collection assesses the momentous contribution to European Union law made by José LuÃs da Cruz Vilaça. Taking those areas of law which were directly shaped by his judgments (institutional law/internal market/free movement of persons and judicial review), leading scholars assess his legacy. Through this prism, the story of EU law can be charted.
International legal scholars tend to think of their work as the interpretation of rules: the application of a law 'out there' to concrete situations. This book takes a different approach to that scholarship: it views doctrine as a socio-linguistic practice. In other words, this book views legal scholars not as law-appliers, but as constructing knowledge within a particular academic discipline. By means of three close-ups of the discourse on cyberwar and international law, this book shows how international legal knowledge is constructed in ways usually overlooked: by means of footnotes, for example, or conference presentations. In so doing, this book aims to present a new way of seeing international legal scholarship: one that pays attention to the mundane parts of international legal texts and provides a different understanding of how international law as we know it comes about.
Liberal concepts of democracy envision courts as key institutions for the promotion and protection of democratic regimes. Yet social science scholarship suggests that courts are fundamentally constrained in ways that undermine their ability to do so. Recognizing these constraints, this book argues that courts can influence regime instability by affecting inter-elite conflict. They do so in three ways: by helping leaders credibly reveal their rationales for policy choices that may appear to violate legal rules; by encouraging leaders to less frequently make decisions that raise concerns about rule violations; and by encouraging the opposition to accept potential rule violations. Courts promote the prudent use of power in each of these approaches. This book evaluates the implications of this argument using a century of global data tracking judicial politics and democratic survival.
The Social Security Handbook: Overview of Social Security Programs, 2021 provides information about Social Security programs and services, and identifies rights and obligations under the Social Security laws.The completely updated Handbook, organized by section number, is a readable, easy-to-understand reference for comprehending complex Social Security programs and services and contains information on several topics relevant to Social Security policies: How Social Security programs are administered Who is and isn't covered under retirement, survivors, disability, and hospital insurance programs Who is responsible for submitting the necessary evidence to support a claim How claims are processed by the Social Security office What Social Security benefits are owed to you How to obtain information about your rights under Social Security policy The Handbook is designed to help users understand the gray areas of the Social Security Act, and to provide critical information about rights and obligations under Social Security laws. The Handbook outlines how to: Protect your benefits and avoid benefit loss; Monitor government agencies and get information about policy changes that will affect your benefits; Make the most of hospital and Medicare coverage; Determine the amount of benefits that are subject to federal income taxes; Check Social Security earnings and benefits; and Get up-to-date news about future Social Security programs and services.
The Social Security Handbook: Overview of Social Security Programs, 2021 provides information about Social Security programs and services, and identifies rights and obligations under the Social Security laws. The completely updated Handbook, organized by section number, is a readable, easy-to-understand reference for comprehending complex Social Security programs and services and contains information on several topics relevant to Social Security policies: *How Social Security programs are administered *Who is and isn't covered under retirement, survivors, disability, and hospital insurance programs *Who is responsible for submitting the necessary evidence to support a claim *How claims are processed by the Social Security office *What Social Security benefits are owed to you *How to obtain information about your rights under Social Security policy The Handbook is designed to help users understand the gray areas of the Social Security Act, and to provide critical information about rights and obligations under Social Security laws. The Handbook outlines how to: *Protect your benefits and avoid benefit loss; *Monitor government agencies and get information about policy changes that will affect your benefits; *Make the most of hospital and Medicare coverage; *Determine the amount of benefits that are subject to federal income taxes; *Check Social Security earnings and benefits; and *Get up-to-date news about future Social Security programs and services.
National identity and liberal democracy are recurrent themes in debates about Muslim minorities in the West. Britain is no exception, with politicians responding to claims about Muslims' lack of integration by mandating the promotion of 'fundamental British values' including 'democracy' and 'individual liberty'. This book engages with both these themes, addressing the lack of understanding about the character of British Islam and its relationship to the liberal state. It charts a gradual but decisive shift in British institutions concerned with Islamic education, Islamic law and Muslim representation since Muslims settled in the UK in large numbers in the 1950s. Based on empirical research including interviews undertaken over a ten-year period with Muslims, and analysis of public events organized by Islamic institutions, Stephen Jones challenges claims about the isolation of British Islamic organizations and shows that they have decisively shaped themselves around British public and institutional norms. He argues that this amounts to the building of a distinctive 'British Islam'. Using this narrative, the book makes the case for a variety of liberalism that is open to the expression of religious arguments in public and to associations between religious groups and the state. It also offers a powerful challenge to claims about the insularity of British Islamic institutions by showing how the national orientation of Islam called for by British policymakers is, in fact, already happening.
Properties of Law is a legal-theoretical analysis about modern state law; about sociality, normativity and plurality as its properties, and what will come after modern state law. The main objective of this study is to offer a legal theoretical recapitulation of modern state law that avoids the fallacies of Legal Positivism. This calls for a relationist approach where law's sociality is related to normativity, and normativity to sociality. Avoiding Legal Positivism's fallacies also includes refraining from extrapolating from modern state law to law in general; replacing Legal Positivism's conceptual universalism with sensitivity to the varieties of law, and acknowledging that law existed before modern state law, that it will exist after modern state law, and that other law exists alongside modern state law. The book concludes with a discussion of the impact of digitalization on law.
The Social Security Handbook: Overview of Social Security Programs, 2022 provides information about Social Security programs and services, and identifies rights and obligations under the Social Security laws.The completely updated Handbook, organized by section number, is a readable, easy-to-understand reference for comprehending complex Social Security programs and services and contains information on several topics relevant to Social Security policies: How Social Security programs are administered Who is and isn't covered under retirement, survivors, disability, and hospital insurance programs Who is responsible for submitting the necessary evidence to support a claim How claims are processed by the Social Security office What Social Security benefits are owed to you How to obtain information about your rights under Social Security policy The Handbook is designed to help users understand the gray areas of the Social Security Act, and to provide critical information about rights and obligations under Social Security laws. The Handbook outlines how to: Protect your benefits and avoid benefit loss; Monitor government agencies and get information about policy changes that will affect your benefits; Make the most of hospital and Medicare coverage; Determine the amount of benefits that are subject to federal income taxes; Check Social Security earnings and benefits; and Get up-to-date news about future Social Security programs and services. |
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