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Books > Academic & Education > Varsity Textbooks > Law
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.
This title flows from several panels at the Commission on Legal Pluralism Jubilee Conference, entitled Living Realities of Legal Pluralism, that was organised in conjunction with the Centre for Legal and Applied Research (CLEAR), the Research Chair in Customary Law and the Chair for Comparative Law in Africa, of the University of Cape Town. The panels highlighted controversial aspects of the legal protection of indigenous knowledge with which the contributors to this volume have critically engaged. This engagement is informed by recent legislative and policy developments in several countries in the global South, including South Africa.
The centre for comparative laws in Africa held its inaugural methodology workshop from 22 to 24 October 2012. Over 40 scholars from various universities in South Africa, Africa, Europe and the United States of America participated in plenary and panel discussions around comparative law in cultural, interdisciplinary and subject context, Western legal traditions and mixed jurisdictions in African comparative legal studies, traditional and informal law in Africa, religious law in Africa and its comparative implications and the role of African comparative legal studies in the development of law in Africa. Comparative law in Africa: Methodologies and concepts is the outcome of the workshop. Its aim is to contextualise comparative legal studies in the African continent, with the ultimate goal of paving the way for the development of a comparative methodology specifically addressed to Africa. The studies presented in this volume offer different views and perspectives around the main theme of how to methodologically approach comparative legal studies in Africa, and how to properly take into consideration all the different layers composing the African legal systems, in order to give them the proper role and the proper place. The diverse background of the different contributors to this volume enriches its continental approach and offers a stimulating voice to African comparative legal scholars to continue their research.
Until quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, reducing this complex whole to manageable proportions. The purely internal analysis of a legal system, isolated from any societal context, remains an option, and is still seen in the approach of the French academy, but as law aims at ordering society and influencing human behaviour, this approach is felt by many scholars to be insufficient. Consequently many attempts have been made to conceive legal research differently. Social scientific and comparative approaches have proven fruitful. However, does the introduction of other approaches leave merely a residue of 'legal doctrine', to which pockets of social sciences can be added, or should legal doctrine be merged with the social sciences? What would such a broad interdisciplinary field look like and what would its methods be? This book is an attempt to answer some of these questions.
Immigration Law in South Africa outlines the existing law applicable to foreigners as reflected in the Immigration Act, the Citizenship Act, the Domicile Act and the Extradition Act as at 31 July 2017. The book also draws attention to the policy shifts by the South African government in the White Paper on International Migration, the Border Management Act, and the Discussion Paper on the repositioning of the Department of Home Affairs within the security cluster. Immigration Law in South Africa comprises three parts. Part One contextualises migration at an international level and within South Africa. This part discusses the concept of migration in the context of South Africa and on the international stage and how the human rights perspective has developed the notion of migration in South Africa. Part Two examines South African immigration law specifically - whom the state allows to enter and leave, who is considered undesirable or prohibited, permanent residence, and the various types of short-term visas that are offered to foreigners. Part Three considers the penalties that South Africa can impose on foreigners who violate the immigration laws of South Africa: the deportation, detention and extradition laws relating to immigrants in South Africa are examined.
The 3rd edition of Farlam and Hathaway's popular case book on the law of contract builds an extensive series of notes, central materials and commentary upon its solid foundation of cases.
This book is the definitive guide to all aspects of this important part of International Trade Law. Relied upon by generations of students and practitioners alike, this market leading text is renowned for combining a critical, in-depth examination of all aspects of the law relating to the carriage of goods by sea.
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. Key Features:
For introductory courses in Forensic Science and Crime Scene Investigation. This best-selling text, written for the non-scientist, is appropriate for a wide variety of students, including criminal justice, law enforcement, law, and more Criminalistics: An Introduction to Forensic Science, 11e, strives to make the technology of the modern crime laboratory clear and comprehensible to the non-scientist. The nature of physical evidence is defined, and the limitations that technology and current knowledge impose on its individualization and characterization are examined. By combining case stories with applicable technology, Criminalistics endeavors to capture the pulse and fervor of forensic science investigations. A major portion of the text centers on discussions of the common items of physical evidence encountered at crime scenes. These chapters include descriptions of forensic analysis, as well as updated techniques for the proper collection and preservation of evidence at crime scenes. Particular attention is paid to the meaning and role of probability in interpreting the evidential significance of scientifically evaluated evidence.Teaching and Learning Written by a well-known authority in forensic science, this text introduces the non-scientific student to the field of forensic science. It provides: * Clear and comprehensible writing for the non-scientific student: Makes text appropriate for a wide variety of students, including criminal justice, law enforcement, and more * Comprehensive, up-to-date coverage of forensics and its role in criminal investigation: Captures the pulse and intensity of forensic science investigations and the attention of the busiest student * Outstanding pedagogical features: Supports both teaching and learning
Michael Sandel's Justice: What's the Right Thing to Do? invites readers of all ages and political persuasions on a journey of moral reflection, and shows how reasoned debate can illuminate our lives. Is it always wrong to lie? Should there be limits to personal freedom? Can killing sometimes be justified? Is the free market fair? What is the right thing to do? Questions like these are at the heart of our lives. In this acclaimed book Michael Sandel - BBC Reith Lecturer and the Harvard professor whose 'Justice' course has become world famous - gives us a lively and accessible introduction to the intersection of politics and philosophy. He helps us think our way through such hotly contested issues as equal rights, democracy, euthanasia, abortion and same-sex marriage, as well as the ethical dilemmas we face every day. 'One of the most popular teachers in the world' - Observer 'Enormously refreshing ... Michael Sandel transforms moral philosophy by putting it at the heart of civic debate' - New Statesman 'One of the world's most interesting political philosophers' - Guardian 'Spellbinding' - The Nation
Legal luminaries from around the world met at South Africa’s Constitutional Court to discuss the judiciary’s influence in effecting societal change, its relationship with the state and the marginalized and its role in breathing life into the rights to equality, free speech and life. Seminal human rights court cases that retain their relevance despite the passage of time, served as catalysts for reflection, recollection and discussion by some of the world’s leading jurists. The first-hand accounts of some of those who had been involved in these cases lend poignancy and provide a unique insight into cases that have shaped human rights law. This book presents fresh and inspiring perspectives on the canon of human rights law. The discussions – lively, engaging, responsive and open-ended – place cases in context while mapping their trajectories in society and across boundaries.
The field of forensic investigation has grown significantly in South Africa over the past few years. This growth in the field is mostly due to the fact that investigations are now also undertaken by private and corporate bodies, and by government institutions other than the South African Police Service. The field of investigation has moved from being the sole domain of the police to including other role-players. The latest developments in the forensic investigation discipline are a result of the fact that forensic investigation is a continually evolving science. The new democratic dispensation also requires that all investigations must be conducted within the ambit of the Constitution. The authors of Forensic Investigation: Legislative Principles and Investigative Practice aim to meet the needs of this field by examining how forensic investigations should be conducted in South Africa, with reference to local legislative principles and scientific processes. Forensic Investigation: Legislative Principles and Investigative Practice commences by covering aspects such as the constitutional basis for public and private policing, the investigation process, and the characteristics of a good investigator. The book highlights the basic concepts of investigation and then proceeds to examine more sophisticated specialised aspects, such as medico-legal evidence, DNA, and policing in a cyber-world. The work also features more recent developments in the field, such as analysing the behaviour of offenders and the choices they make during the commission of crimes. These aspects are dealt with in relation to forensic geography and offender profiling. Forensic Investigation: Legislative Principles and Investigative Practice takes the reader from the scene of the incident (the crime scene) to the courtroom, and from investigation to prosecution – all essential components of the investigative process. The book explores the significant role and conduct of an investigator, seeking to ensure that current and future generations of investigators are aware of the challenges and changes in the investigation of crimes, incidents and transgressions, and are also familiar with the prosecution processes that follow. This book will undoubtedly prove to be an invaluable and essential tool for all investigators.
The Law of Divorce and Dissolution of Life Partnerships in South Africa is a comprehensive publication that provides a detailed exposition and analysis of the law relating to the termination of civil unions, civil marriages, customary marriages, Muslim marriages and Hindu marriages by divorce. The publication also offers an in-depth discussion and analysis of the law relating to the dissolution of life (domestic) partnerships. Written by a team of subject specialists, it provides a rich source of expertise. The book is divided into five parts. Part 1 focuses on the dissolution of civil marriages and civil unions by divorce. This part deals with the grounds for divorce, the personal and financial consequences of divorce, and the position of minor and dependent children of divorced or divorcing spouses or civil union partners. Part 2 focuses on all aspects of divorce in customary marriages, while Part 3 concerns divorce in Muslim marriages and Hindu marriages. Part 4 addresses all aspects relating to the dissolution of a life partnership. The final part of the book - Part 5 - considers issues that are of general application to divorce and the dissolution of life partnerships. These issues are domestic violence; jurisdiction, procedure, and costs; mediation and other forms of alternative dispute resolution; and conflict of laws.
This book provides a comprehensive introduction to the economics of the business of maritime transport. It provides an economic explanation of four aspects of maritime transport, namely, the demand, the supply, the market and the strategy. The book first explains why seaborne trade happens and what its development trends are; it then analyses the main features of shipping supply and how various shipping markets function; the book finally addresses the critical strategic issues of the shipping business. The full range of different types of shipping are covered throughout the chapters and cases. The book combines the basic principles of maritime transport with the modern shipping business and the latest technological developments, particularly in the area of digital disruption. The ideas and explanations are supported and evidenced by practical examples and more than 160 tables and figures. The questions posed by the book are similar to those that would be asked by the students in their learning process or the professionals in the business environment, with the answers concentrating on the reasons for what has happened and will happen in the future rather than merely fact-telling or any specific forecast. The book is most suited for students of shipping-related disciplines, and is also a valuable reference for maritime professionals.
Neethling on Personality Rights by Neethling, Potgieter and Roos is the updated, revised and expanded third edition of Neethling’s Law of Personality (2nd ed 2005). This book is intended to be a comprehensive exposition, first of the doctrine of the law of personality which recognizes rights of personality as an independent, separate group of (subjective) rights, and second of the basis for and extent of the protection of personality rights in South African law.
Over the last five years the principles and practices of organisation development have evolved so rapidly in South African organisations that practitioners and consultants in this field are increasingly employed to facilitate specialised processes and interventions. This book is an attempt to present a clear and comprehensive picture of the theory and practice of organisation development and transformation.
The first volume, a legal humour edited by Professor Kahn, Law, Life and Laughter published in 1991 was the subject of many favourable reviews. It went through three impressions, was sold out years ago and today is a collector's item. This second melange of legal humour and piquant revelations of personalities in the law of Southern Africa is almost entirely new, containing nothing that appeared in the first volume except a number of brilliant caricatures of which the temptation to reproduce was irresistible.
An academic, legal text that places moral and political philosophy at the centre of certain legal debates. In this book, Professor Meyerson specifically investigates the "Limitation Clause" in the South African Constitution, a clause that leaves open the possibility of limits to the Bill of Rights and certain entrenched "freedoms". Through discussions regarding the Freedoms of Expression and Religion, this book aims to play a role in defining, expanding and challenging the South African Constitution. |
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