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Healthcare delivery in the 21st century has become increasingly complex and demanding . Clinical consultations frequently raise scientific, ethical and legal challenges. While scientific issues may be resolved using an evidence-based medicine (EBM) approach, ethical theory is needed to justify decision making in the face of ethical conflict. Medical ethics, law and human rights: a South African perspective provides the conceptual background and analytic skills necessary to assist with the resolution of ethical dilemmas encountered in the South African healthcare environment. Medical ethics, law and human rights: a South African perspective uses case studies to help the healthcare team to identify and analyse ethical, moral and value concepts, and to apply these to scenarios that they may encounter on a daily basis. Part 1 explores theories and principles of ethics (including African philosophy), introduces medical law, discusses health and human rights, and also makes the transition from theory to practice. Part 2 looks at specific topics in healthcare that raise challenges from an ethics perspective - HIV/AIDS, use of social media, euthanasia, human reproduction, genetics and genomics. In view of the increasing emphasis on ethical considerations in healthcare from the Health Professions Council of South Africa (HPCSA), coupled with the rising incidence of litigation in healthcare, Medical ethics, law and human rights: a South African perspective is essential reading for health science, law and philosophy students as well as practising healthcare professionals.
The purpose of this book is to set out the fundamental principles governing the law of medical malpractice in clear and understandable terms, so that those principles can be applied in daily practice.
The intersection of the fields of medicine and the law produces formidable challenges. For the lawyer, the applicable legal principles and issues are as intellectually and professionally demanding as encountered in any field of the law. For the medical practitioner, there is at present an obstructive uncertainty and anxiety about the legal rules which apply, and the health professions accordingly feel under siege.
Added to this is the formative role that government and civil society plays in considering and assimilating into our legal system profound policy considerations affecting our most intimate interests. This book addresses these issue clearly and comprehensively.
Realising the Right to Basic Education examines the crucial roles of civil society and the courts in developing the right to education in South Africa amid substantial and persistent inequalities in education provisioning. Unlike other socio-economic rights in the Constitution, the right to basic education is framed as an unqualified right - it is not subject to qualifiers such as 'progressive realisation' and 'within the state's available resources'. Yet, two and a half decades into South Africa's constitutional democracy, the apartheid legacy of unequal education still lingers. Poor, predominantly black learners continue to attend historically disadvantaged schools that are often severely under-resourced, producing poor learner outcomes. This has given rise to a wave of civil society activism since around 2008 - and organisations have been utilising legal mobilisation as a key tool to effect change in historically disadvantaged schools. The litigation initiated by these organisations has contributed to a rich and evolving jurisprudence on the right to basic education as a substantive right. However, in a significant number of these cases, the relevant education departments have not complied with court orders, requiring litigants to seek increasingly innovative, experimentalist and even coercive remedies to ensure that judgments are implemented. Realising the Right to Basic Education presents an overview of these education-provisioning cases and the roles played by civil society and the courts. It analyses the contribution of these two role-players in the normative development of the right to basic education. The book also aims to identify a viable framework for interpreting the right to basic education - one that can guide South Africa towards adequate education provisioning and, ultimately, facilitate transformation of basic education in South Africa's historically disadvantaged schools.
The book consists of three parts.
Part 1, which comprises 5 chapters, deals with the legal-philosophical aspects of communications law. In Part II , we deal with certain statutory and common law limitations to the right to freedom of expression. Part III deals with specific methods of communication, ie the press, electronic communications, broadcasting, computers, and entertainment.
The South African Schools Act 84 of 1996 aims to make high-quality basic education accessible to all South African children irrespective of race and geographic location in the country. Written by significant role-players and members of the judiciary, Pathways to Successful Schooling reflects on the journey of South African schooling over the past 20 years. This book was prompted by the 2016 Schools Act symposium, Schools Act @ 20: Charting the Way Forward, which celebrated the 20th anniversary of the Schools Act. Looking at education since 1996, this book considers practical alternatives for addressing contentious matters. Unique to this work is the inclusion of the first ever analysis of the background to the drafting of the Schools Act. Pathways to Successful Schooling gives perspectives on dreams, expectations and realities. It reflects on what became of the vision of the Education White Paper 1 and the Schools Act. An international dimension is added by the discussion of constitutional changes and values in the context of the United Nations' Sustainable Development Goals. The book also looks at legislating for the realisation of children's rights and offers the view that, although the Act has set the pace, broader efforts will enhance children's rights in South Africa.
Law Clinics and the Clinical Law Movement in South Africa provides guidelines to assist clinicians and universities with the development of the clinical legal education curriculum, teaching methodology and the administration of a university-based law clinic. The manual was developed from contributions taken from papers and presentations given by clinicians attending workshops of the South African University Law Clinics Association (SAULCA). The book offers a wide range of guidance on many components of clinical legal education, including integrating clinical legal education with the requirements of higher education and the legal profession, setting goals and objectives for a clinical legal education programme, and an examination of the basic principles of teaching and learning as well as assessment. It also focuses on the different methods of teaching and learning, such as lecturing, supervision, legal research and mediation. The teaching portfolio covers in detail many subjects, including client communications, drafting and civil trial advocacy. The manual pays attention to the day-to-day administration of a university-based law clinic with practical support on financial and office management as well as accreditation. The unique feature of this manual is that the material covered in many sections offers practical advice and examples which will be of benefit to newly appointed law clinicians. The manual adheres to SAULCA's vision, mission and objectives, and in collaboration with its member university law clinics, SAULCA continues to investigate and explore new methods and processes which aim to improve clinical legal education and access to justice.
While a great deal has been written on the topic already, this textbook focuses on introducing human rights law in a comprehensive but easy-to-understand manner to the benefit of both lecturers and students. It is hoped that this work will assist lecturers who teach the subject at first- or second-year level, both in the LLB degree and other university programmes, as well as non-governmental organisations and others parties who train their staff or stakeholders in basic principles of the law. The book should also benefit students by covering the breadth of human rights law directly applicable to students studying law in South Africa.
The text contains a number of scenarios to help readers grasp the material being discussed by illustrating relevant constitutional principles and issues. Cases are integrated into the text in a manner that should facilitate an understanding of their application. This book contains complete court judgments, statutes, a bibliography and questions to respective chapters which will assist lecturers and students in finding their way beyond the book at whatever level they deem appropriate.
Dr. Scott W. Atlas examines the status of US health care under the Affordable Care Act and presents key reforms to meet the nation's significant health care challenges. Updated for 2020, the revised edition includes the facts about single-payer systems and the implications of Medicare for All proposals. Atlas's six-point incentive-based plan instills market-based competition, empowers consumers, and reduces government authority over health care. These reforms lower costs, stimulate innovation, and broaden access to quality care.
From the creators of the UK's bestselling Law Express revision series. Maximise your marks for every answer you write with Law Express Question and Answer. This series is designed to help you understand what examiners are looking for, focus on the question being asked and make even a strong answer stand out.
Law Of Persons, now in its sixth edition, has become a standard text on the South African law of persons. The book was first published in 1995, just after the dawn of South Africa’s first democratic dispensation. The book constitutes a general and fully referenced source on the law of persons, and reflects the transformation of the law of persons in line with the values entrenched in the Constitution of the Republic of South Africa, 1996, with specific reference to the Bill of Rights.
First-year students will derive the most benefit from Law of Persons if the book is used in conjunction with the Law of Persons Sourcebook.
This book stands out from others on media law by emphasising the increasingly important regulatory and European aspects, and focussing less on more traditional common law topics. The authors take a comparative approach, using material from the USA and Commonwealth jurisdictions, as well as looking at relevant aspects of Human Rights law. The commentary is comprehensive and critical, introducing you to the wide range of technical and policy questions which are posed in the field of media law.
An engaging, case-based approach to the most up-to-date legal topics gives educators a basic understanding of the legal aspects of their work. This text introduces K-12 educators to a body of school law that will help them to conduct themselves in a legally defensible manner. A balance of case law, statutory law, constitutional provisions, and analytical commentary, this vital book covers a wide range of topics including: sources of law under which educators operate; legal restraints to state action in K-12 education; legal rights and restrictions applicable to students and teachers; law pertaining to persons with disabilities; and liability for damages as a result of official action or inaction. In addition, broad legal concepts such as due process, equal protection, freedom of expression, the wall separating church and state, and reasonable search are analyzed to assist professional educators in gaining a better understanding of the legal landscape in which they operate. The entire text is written in a clear, engaging style appropriate for those who do not have extensive legal backgrounds.
Written for upper-level and graduate courses in School Law. Providing an all-inclusive treatment of the current status and evolution of the law governing public schools, this is the most comprehensive and well-documented school law text available. Public School Law: Teachers' and Students' Rights, Seventh Edition, addresses legal principles applicable to practitioners in a succinct but comprehensive manner. It uniquely blends a detailed treatment of landmark cases with a thorough discussion of the legal context, trends, and generalizations to guide all school personnel in their daily activities. Information in this text will help alleviate concerns voiced by educators who either do not know the legal concepts that govern schools or feel that the scales of justice have been tipped against them. Primarily written for school administrators and teachers to learn the most important points of the cases and how the cases will impact their practices, this new edition covers a wider range of legal topics, takes a much more in-depth approach to discussing the cases presented, and cites many more current cases that are relevant to practitioners than any other school law textbook in comparison.
The labour law applicable to the education environment is comprehensive and covers a vast variety of aspects that everyone within that environment will encounter at one time or another. In the past, most employees in education may have had a vague understanding of particular laws and regulations regarding conditions of employment, but now it is essential to have a basic understanding of all relevant laws and regulations that apply. Teachers, especially, could find themselves in a proverbial minefield if they do not ensure that they have a working knowledge of education law. This is evidenced by the numerous lawsuits, disputes, mediations, disciplinary hearings and often unpleasant implications for individuals (and their families) that arise from charges against offenders in all sectors of education. Legislative changes resulting from altered circumstances in education have led to the need to be constantly aware of the implications and applications of such changes. This urgent need applies not only to principals, but to everyone involved in education. On the one hand the responsibility for correct application and implementation of education legislation lies with the governing body and the head of an institution, but on the other hand it affects the people who work there. The authors of this book have a keen understanding of this vital need, and address it most effectively from their own invaluable experience that stems from practical involvement and thorough research in the field of education. A sound working knowledge of all the aspects that are addressed in this book undoubtedly improves the quality of teaching and learning in the classroom - a critical goal that needs to be pursued. It also creates a safer environment in which everyone can operate. I am personally very grateful for the contribution that this handy guide makes to the ultimate quality of education in South Africa.
Text, Cases and Materials on Medical Law combines detailed commentary and analysis of the law with excerpts from a range of sources, both legal and non-legal, to help set the law in context and deepen your knowledge of this contentious and highly emotive area of law.
Aspects of education law provides a comprehensive description and analysis of the laws that currently inform, prescribe and influence the activities of educators and education managers, whether on the sports fields or in the boardroom, at the blackboard or behind a desk. This fifth edition of Aspects of education law places emphasis on the legal aspects that pertain to learner misconduct in South African schools, with extended chapters on human rights and school governance, and has been thoroughly updated in terms of new legislation and case law. It includes discussions of the position of the child as legal subject, the educator's duty of care and the administrative aspects of school management. Aspects of education law has become an essential resource for educators, lawyers, members of governing boards and parents, and all of those who are interested in ensuring high-quality schooling in South Africa. Previous editions have been hailed as being "among the highest in the international community" and "a must for ... scholars throughout the world with an interest in comparative education law" by American academics. [A] superb blend of theory and practice ... [and] ... a comprehensive compilation of all of the relevant statutes, regulations, and law cases that apply to education. Both education and law practitioners will find the case studies ... to be invaluable in assisting them to recognize, respond to, and resolve legal issues in schools. This book should become a standard work in training education practitioners and should be on the shelf of every education and legal professional in South Africa.
Feminist lawyers have long been engaged in critiquing the gendered nature of South African law. This project has increased in importance and scope as a result of the centrality of gender equality, as a value and a substantive right, in the South African Constitution. Gender, law and justice provides both theoretical and practical tools to enable academic and practising lawyers to apply concepts of gender equality to the law. It introduces readers to basic feminist concepts and arguments, and to a wealth of local, comparative and international material on gender and the law. It also illustrates how the law may be shaped to transform the social, cultural and economic conditions of women's lives in South Africa, at the same time as it acknowledges the limits of legal strategies for change. Gender, law and justice has three main objectives. The first is to identify the different positions of women in South Africa and to examine the disparate impact of the legal system on their lives. Secondly, it aims to expose the gender bias in legal concepts and in the content and application of legal rules. Thirdly, it suggests changes to the law, and evaluates those changes that have already occurred, with a view to developing the law so that it is better able to ensure justice and meet the diverse needs of women in South Africa.
Aspects of education law provides a comprehensive description and analysis of the laws that currently inform, prescribe and influence the activities of educators and education managers, whether on the sports fields or in the boardroom, at the blackboard or behind a desk. This fourth edition of Aspects of education law places emphasis on the legal aspects that pertain to learner misconduct in South African schools, with extended chapters on human rights and school governance, and has been thoroughly updated in terms of new legislation and case law. It includes discussions of the position of the child as legal subject, the educator's duty of care and the administrative aspects of school management.
Examining the ways and extent to which systemic factors affect health outcomes with regard to quality, affordability and access to curative healthcare, this explorative book compares the relative merits of tax-funded Beveridge systems and insurance-based Bismarck systems. The Law and Policy of Healthcare Financing charts and compares healthcare system outcomes throughout 11 countries, from the UK to Colombia. Thematic chapters investigate the economic and legal explanations for the relevant similarities, variations and trends across the globe. Concluding that systemic factors may be less significant than previously believed, this comprehensive book notes that no one system consistently outperforms the others, yet incentives and funding improvements may lift performances across all curative healthcare systems. Analytical and comparative, this book will be of interest to academics working in the fields of health law and health economics. Public authorities including health ministries, policymakers and international health organisations will also find this to be an invaluable resource.
This exciting and long-awaited text equips medical practitioners to deal with the legal issues they encounter in daily practice. Informative, relevant and up to date, The A-Z of medical law covers all recent changes to the law and legislation affecting the medical professions. As the only local book of this nature, it is sure to become an invaluable resource for practising medical and other healthcare professionals. Undergraduate and postgraduate medical students will also find it useful.
Die arbeidswetgewing wat betrekking het op die onderwysomgewing is omvattend en dek 'n groot verskeidenheid aspekte waarmee almal binne hierdie omgewing op een of ander stadium te doen kry. Waar daar in die verlede moontlik 'n vae begrip van veral wette en regulasies ten opsigte van diensvoorwaardes by meeste werknemers in die onderwys teenwoordig was, is dit nou onontbeerlik om 'n basiese begrip van alle relevante wetgewing en regulasies wat van toepassing is, te he. Veral onderwysers kan hulle in die spreekwoordelike mynveld bevind indien hulle nie seker maak dat hulle oor die basiese kennis van onderwysreg beskik nie. Dit word gestaaf deur die talle hofsake, dispute, mediasie, dissiplinere verhore en die dikwels onaangename implikasies daarvan vir indiwidue (en hul gesinne) wat voortspruit uit aanklagte teen oortreders in alle sektore van die onderwys. Wetswysigings na aanleiding van veranderde omstandighede binne die onderwys, lei tot die behoefte om voortdurend op die hoogte van die implikasies en toepassing daarvan te wees. Hierdie dringende behoefte geld nie alleen vir skoolhoofde nie, maar vir elkeen betrokke by onderwys. Aan die een kant berus die korrekte toepassing en implementering by die beheerliggaam en die hoof van 'n inrigting, maar aan die anderkant raak dit die mense wat daar werksaam is. Die skrywers van hierdie boek het nie alleen 'n deeglike besef van hierdie noodsaaklike behoefte nie, hulle spreek dit ook baie effektief aan deur middel van hulle uiters waardevolle ervaring. Hierdie ervaring spruit voort uit praktiese betrokkenheid by die onderwys asook deeglike navorsing op die terrein van onderwysreg. Kennis van al die aspekte wat in hierdie boek aangespreek word, verbeter ongetwyfeld die kwaliteit van die onderrig- en leerproses in die klaskamer - 'n broodnodige doelwit om na te streef. Dit skep ook 'n veiliger omgewing waarbinne elkeen funksioneer. Persoonlik is ek baie dankbaar vir die bydrae wat deur middel van hierdie handige handleiding gemaak word tot die uiteindelike kwaliteit van onderwys in Suid Afrika. Dr. Jopie Breed President: SAOU
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