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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.
Legal language, or 'legalese' as it is sometimes called, is a language that many people find hard to understand. This is because some of the words and phrases that lawyers and other legal experts use do not form part of regular everyday communication. However, when these experts speak and write using unfamiliar language it is often because they have to: 'ordinary' language cannot properly or accurately describe the often complex concepts and issues involved. This dictionary bridges the gap between the world of everyday language and the world of legal language. Users can access over 20 000 legal words, each of which is explained in plain English for the benefit of people without a legal background, as well as legal practitioners, law students and other members of the legal profession. The dictionary deals with the areas of criminal law, criminal procedural law and law of evidence, and is aimed at familiarising users with the use of legal language in a number of settings, including the courtroom. A trilingual publication, this English-isiXhosa-Afrikaans dictionary also contains a useful list of Latin terms and phrases, together with explanatory notes, as a centre insert. Synonyms, homonyms and polysemes are identified and explained, and the dictionary provides guidance on the use of abbreviations and how to cross-reference lemmas (headwords).
The growing importance of this area of law both locally and internationally has prompted a number of local academics to pool their knowledge in compiling a book that not only deals with the core aspects of the law but also covers developing aspects that are drawing substantial attention both internationally and locally.
This book makes a major contribution to the surveys of intellectual property that already exist.
Out of the 2015/16 nationwide student protest action has come the long-overdue challenge for academia to assess and reconsider critically the role academics play in maintaining and perpetuating exclusive social structures and discourse in schools and faculties in the higher education landscape in South Africa. Decolonisation and Africanisation of Legal Education in South Africa proposes possible starting points on the subject, and the roles, challenges and questions that legal academia face in the quest to decolonise and Africanise legal education in South Africa. It explores the potential role of the Constitution in decolonising and Africanising legal education. Furthermore, the book discusses important contextual factors in relation to decolonising clinical legal education. Decolonisation and Africanisation form a much more nuanced project in the continuous process of development and reflection to be undertaken by all law academics together with their relevant institutions and students. The book ultimately highlights the importance of decolonising the law itself. This timely and important work lays a foundation that will hopefully inspire many more publications and debates aimed at transforming our legal education.
Recovering the history of an often-ignored landmark Supreme Court case, William P. Hustwit assesses the significant role that Alexander v. Holmes (1969) played in integrating the South's public schools. Although Brown v. Board of Education has rightly received the lion's share of historical analysis, its ambiguous language for implementation led to more than a decade of delays and resistance by local and state governments. Alexander v. Holmes required ""integration now,"" and less than a year later, thousands of children were attending integrated schools. Hustwit traces the progression of the Alexander case to show how grassroots activists in Mississippi operated hand in glove with lawyers and judges involved in the litigation. By combining a narrative of the larger legal battle surrounding the case and the story of the local activists who pressed for change, Hustwit offers an innovative, well-researched account of a definitive legal decision that reaches from the cotton fields of Holmes County to the chambers of the Supreme Court in Washington.
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.
Chesterfield Smith spearheaded the American Bar Association's condemnation of Richard M. Nixon during the Watergate scandal. Smith's damning statement "No man is above the law" turned him into a national figure. But his outsized accomplishments, and equally outsized personality, had already made the Florida attorney a legend in his home state.Mary Adkins's biography follows the epic life of a person driven by the motto "do good." A child of the rural South turned war hero, Smith put himself through law school and rose fast to lead the Florida Bar and mastermind the drafting of a new state constitution. At the same time, he grew his small firm into Holland & Knight, a legal leviathan he imbued with his own sense of public duty. His idealism further manifested in his hiring of women and people of color while his expansive professional network led to a close friendship with future Supreme Court justice Ruth Bader Ginsburg. Adkins also examines Smith's mentoring of several outstanding legal figures and the community service organizations still influenced by his humane vision of the law. Fully realized and long overdue, Chesterfield Smith, America's Lawyer illuminates the complexities of a defining Florida figure who became a legal giant.
Ethics are an integral part of the legal profession. Ethics are important because they imbue a sense of orderliness and professionalism in the members of the profession, and hence instil in legal practitioners a sense of responsibility and accountability. Understanding Professional Conduct and Ethics for Legal Practitioners in Zambia covers the following areas: the core ethics of a legal practitioner; the obligations of an advocate; the fraternity of lawyers; undertakings; disciplining an advocate; the conduct and ethics of prosecutors; and judicial officers' conduct and ethics. The book includes the Judicial (Code of Conduct) Act, the Legal Practitioners' Act and the Legal Practitioners' Practice Rules.
A leading expert on public bioethics advocates for a new conception of human identity in American law and policy. The natural limits of the human body make us vulnerable and therefore dependent, throughout our lives, on others. Yet American law and policy disregard these stubborn facts, with statutes and judicial decisions that presume people to be autonomous, defined by their capacity to choose. As legal scholar O. Carter Snead points out, this individualistic ideology captures important truths about human freedom, but it also means that we have no obligations to each other unless we actively, voluntarily embrace them. Under such circumstances, the neediest must rely on charitable care. When it is not forthcoming, law and policy cannot adequately respond. What It Means to Be Human makes the case for a new paradigm, one that better represents the gifts and challenges of being human. Inspired by the insights of Alasdair MacIntyre and Charles Taylor, Snead proposes a vision of human identity and flourishing that supports those who are profoundly vulnerable and dependent-children, the disabled, and the elderly. To show how such a vision would affect law and policy, he addresses three complex issues in bioethics: abortion, assisted reproductive technology, and end-of-life decisions. Avoiding typical dichotomies of conservative-versus-liberal and secular-versus-religious, Snead recasts debates over these issues and situates them within his framework of embodiment and dependence. He concludes that, if the law is built on premises that reflect the fully lived reality of life, it will provide support for the vulnerable, including the unborn, mothers, families, and those nearing the end of their lives. In this way, he argues, policy can ensure that people have the care they need in order to thrive. In this provocative and consequential book, Snead rethinks how the law represents human experiences so that it might govern more wisely, justly, and humanely.
Harassment in the workplace: Law, policies and processes is an update and expansion of Sexual harassment in the workplace: Law, policies and processes (2005), which dealt exclusively with sexual harassment. This title now includes other forms of harassment like racial discrimination and workplace bullying. The work will create insight into what constitutes harassment and will also facilitate an understanding of the liability of the employer, how to manage harassment, how to mediate as well as how to deal with the issue of damages and compensation.
Promoting a 'learning-by-doing' approach to comparative contract law and comparative methodology, this updated second edition of the first true student reader on the subject brings together extracts from legislation and court practice in a way that lets students experience comparative law in action. This unique guide to European and International contract law provides: * an international perspective on highly topical, real-life issues of contract law; * materials from some 30 jurisdictions in both their original languages, and in excellent translations; * the chance for students to solve scenarios according to the laws of different jurisdictions and compare and evaluate the solutions and approaches they identify; * the opportunity for students to familiarise themselves with real-world materials, to better understand the diverse approaches to modern contract law, and to develop their skills as comparative lawyers. Essential reading for all students, practitioners, and scholars of comparative contract law and methodology, this second edition remains a vital practical guide for those seeking to familiarise themselves with real-world materials and to better understand the diverse approaches to modern contract law.
A Practical Guide for Legal Support Staff provides basic information about various aspects which legal secretaries, legal support staff, paralegals and candidate attorneys will encounter in carrying out their duties in a law firm or similar environment.
While being an easy-to-read and user-friendly textbook, the emphasis is placed on acquiring the necessary practice management skills. It includes practical examples of the various forms required for different processes and documents.
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.
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.
Clinical legal education (CLE) is a springboard for entry into legal practice, preparing students for the professional challenges they will face after completing their studies and embarking on their legal careers. In her eight years of conducting research on CLE in South African universities, the author has found that the most urgent needs are in the area of student assessment. Designing a curriculum with assessable content is therefore essential for clinicians who, in certifying students' capabilities, are the gatekeepers to practice. This book identifies curriculum requirements across a number of jurisdictions, and proposes a menu of assessment methods, which may enhance the choices of assessment methodologies available to South African university law clinics. It also covers the setting of parameters for assessment, grading, grade descriptors and moderation systems, and discusses different forms of tests, assignments, essay- and oral-examinations, as well as self- and peer-evaluation, peer editing, case portfolios, and trial advocacy skills. The book addresses challenges such as clinicians' heavy workloads and differing levels of experience in supervision and assessment. It discusses challenges students face and presents solutions enabling clinicians to help them depending on their individual experience and needs. Also discussed are the potential conflicts between the needs of students and those of the local community being served by the law clinic. Although the aim of this book is to find appropriate assessment methods for CLE, the effectiveness of an assessment programme can only be determined when measured against a curriculum. The proposed curriculum is therefore measured against the identified assessment criteria. CLE Lecturers can download assessment forms, checklists and rubrics from the Juta Law website - visit https://juta.co.za/support-material/detail/clinical-legal-education for details.
Legal English will prepare you to engage confidently with the language of law in a world where every word counts and ensure that you are poised for success.
What if racialized mass incarceration is not a perversion of our criminal justice system's liberal ideals, but rather a natural conclusion? Adam C. Malka raises this disturbing possibility through a gripping look at the origins of modern policing in the influential hub of Baltimore during and after slavery's final decades. He argues that America's new professional police forces and prisons were developed to expand, not curb, the reach of white vigilantes, and are best understood as a uniformed wing of the gangs that controlled free black people by branding them-and treating them-as criminals. The post-Civil War triumph of liberal ideals thus also marked a triumph of an institutionalized belief in black criminality. Mass incarceration may be a recent phenomenon, but the problems that undergird the ""new Jim Crow"" are very, very old. As Malka makes clear, a real reckoning with this national calamity requires not easy reforms but a deeper, more radical effort to overcome the racial legacies encoded into the very DNA of our police institutions.
In the Shade of an African Baobab: Tom Bennett's Legacy is a collection of essays published to honour and thank Tom Bennett for his generous contribution to scholarly work over the years in the field of legal pluralism and African jurisprudence, as well as for his mentorship and friendship. The book brings together a collection of work by esteemed scholars from multidisciplinary fields, though the work is focused on aspects of law, culture and religion. The common thread through all the contributions is Tom. His scholarly influence, visible in each of the contributions, can be compared to the mighty Baobab tree: a large iconic, culturally important and majestic tree indigenous to Africa.
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. This book is available in English and Afrikaans versions.
This book covers legal dissertation level research, embracing both LL.B. and the specific demands of LL.M. dissertations. Adopting a highly practical approach, this book shows the reader how to research and write a dissertation, covering the various stages - planning, identifying key issues, utilising the appropriate research methods, time management issues, and managing one's supervision. KEY FEATURES * Shows how to avoid common stylistic and substantive pitfalls * Discusses the character and pros and cons of adopting law and policy methods for defining the issues and conducting legal research - including black letter, socio-legal, interpretive, experiential * A running example throughout the text illustrates the various points made in each section and provides continuity
A compelling explanation of how the law shapes the distribution of wealth What is it that transforms a simple object, an idea, or a promise to pay into an asset that creates wealth? Katharina Pistor explains how, behind closed doors in the offices of private attorneys, capital is created-and why this little-known activity is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else. A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the various ways that debt, complex financial products, and other assets are selectively coded to protect and reproduce private wealth. This provocative book paints a troubling portrait of the pervasive global nature of the code, the people who shape it, and the governments that enforce it.
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