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The National Health Insurance, commonly known as the NHI, aims to ensure that all South Africans have access to appropriate, efficient and quality health services. The right to health, as an economic, social and cultural right to a universal minimum standard of health to which all individuals are entitled, requires government action and that the state provides welfare to the individual. Section 27 of the Bill of Rights affirms the right of everyone to have access to health care services. An obligation is placed on the state to achieve the progressive realisation of this right. While some legislative measures have been instituted, the National Health Insurance (NHI), however, is the direct and most germane response to that directive and towards realising universal health coverage. The NHI underpins the establishment of a unified health system in the country based on the principles of social solidarity, progressive universalism, equity and health as a public good and a social investment, thereby underscoring the values of justice, fairness and equity. Based on its principle of equity, the NHI will need to ensure a fair and just health care system for all and access to health services within reasonable periods. This book is timely as it will serve to inform stakeholders and communities of the key elements of the NHI, its structure, processes and plans for implementation
Sanctions against private individuals have been widely used in the
fight against terrorism, but not without significant controversy.
This book examines the complex institutional and substantive issues
arising from the European Union's practice of listing and
sanctioning private individuals suspected of supporting terrorism.
It provides a comprehensive analysis of the issues raised by
individual sanctions adopted to give legal effect to United Nations
lists and those drawn up by the EU itself.
Terrorism: Documents of International and Local Control is a hardbound series that provides primary-source documents on the worldwide counter-terrorism effort. Chief among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service and the Government Accountability Office, and case law covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. Lebanon and Hezbollah charts the course of Hezbollah's rise and Lebanon-based violence over the last five tumultuous years of that country's history. The documents collected in this volume demonstrate not just key details in Hezbollah's direct war on Israel but also the organization's public relations and financial efforts, both over the Internet and in collaboration with Iran. But this volume's usefulness can be found not just in its detailed history of Hezbollah's multi-front campaign but also in several documents' analysis of the suffering endured by Lebanese citizens, including the harm wrought by Israel's response to Hezbollah. To complete the picture of Lebanon's difficult recent history, Volume 92 also provides two classes of UN documents: Lebanon's own reports on its counter-terror work, and the Security Council's measures related to the tribunal investigating Hariri's assassination. For researchers seeking one volume in which all parties affected by the Lebanese crisis present their view, this volume will prove quite valuable.
Although many modern philosophers of law describe custom as merely a minor source of law, formal law is actually only one source of the legal customs that govern us. Many laws grow out of custom, and one measure of a law's success is by its creation of an enduring legal custom. Yet custom and customary law have long been neglected topics in unsettled jurisprudential debate. Smaller concerns, such as whether customs can be legitimized by practice or by stipulation, stipulated by an authority or by general consent, or dictated by law or vice versa, lead to broader questions of law and custom as alternative or mutually exclusive modes of social regulation, and whether rational reflection in general ought to replace sub-rational prejudice. Can legal rules function without customary usage, and does custom even matter in society? The Philosophy of Customary Law brings greater theoretical clarity to the often murky topic of custom by showing that custom must be analyzed into two more logically basic concepts: convention and habit. James Bernard Murphy explores the nature and significance of custom and customary law, and how conventions relate to habits in the four classic theories of Aristotle, Francisco Suarez, Jeremy Bentham, and James C. Carter. He establishes that customs are conventional habits and habitual conventions, and allows us to better grasp the many roles that custom plays in a legal system by offering a new foundation of understanding for these concepts.
Of the Limits of the Penal Branch of Jurisprudence, written in 1780-2, is the continuation of An Introduction to the Principles of Morals and Legislation, and thus part of the introduction to the projected penal code on which Bentham worked in the late 1770s and early 1780s. The work emerged from Bentham's attempt to distinguish between civil and penal law, which led him into an exposition of the nature and scope of an individual law and an analysis of such key legal terms as power, duty, right, property, contract, and conveyance. Bentham addresses the relationship between different 'aspects' of the legislator's will, such as command, prohibition, and permission, and in so doing develops a 'logic of the will' which anticipates modern deontic logic. He explains that the disposition of the people to obey constitutes the basis of political and legal power, and distinguishes between law addressed to the sovereign and law addressed to the people. Dealing with some of the most fundamental problems in jurisprudence and the theory of human action, Of the Limits of the Penal Branch of Jurisprudence is a work of outstanding originality and seminal importance in the field of legal philosophy. The volume contains an Editorial Introduction which explains the provenance of the text, and the method of presentation. The text is fully annotated with textual and historical notes, and the volume is completed with detailed subject and name indices. This edition of Of the Limits of the Penal Branch of Jurisprudence supersedes Of Laws in General, edited by H.L.A. Hart and published by the Athlone Press in 1970, as a volume in The Collected Works of Jeremy Bentham.
Over 4,000 lawyers lost their positions at major American law firms
in 2008 and 2009. In The Vanishing American Lawyer, Professor
Thomas Morgan discusses the legal profession and the need for both
law students and lawyers to adapt to the needs and expectations of
clients in the future. The world needs people who understand
institutions that create laws and how to access those institutions'
works, but lawyers are no longer part of a profession that is
uniquely qualified to advise on a broad range of distinctly legal
questions. Clients will need advisors who are more specialized than
many lawyers are today and who have more expertise in non-legal
issues. Many of today's lawyers do not have a special ability to
provide such services.
Rhode Island has a long history of constitutional governance.
Beginning in 1636, Rhode Island's constitution has been shaped by
revolution, nation-building, tumult, and further changes wrought by
everything from neo-liberalism to gay rights. The result has been a
living document reflecting conflicting and changing values, making
the Rhode Island constitution an essential resource for
understanding the cultural history of this state.
Good lawyers have an ability to tell stories. Whether they are arguing a murder case or a complex financial securities case, they can capably explain a chain of events to judges and juries so that they understand them. The best lawyers are also able to construct narratives that have an emotional impact on their intended audiences. But what is a narrative, and how can lawyers go about constructing one? How does one transform a cold presentation of facts into a seamless story that clearly and compellingly takes readers not only from point A to point B, but to points C, D, E, F, and G as well? In Storytelling for Lawyers, Phil Meyer explains how. He begins with a pragmatic theory of the narrative foundations of litigation practice and then applies it to a range of practical illustrative examples: briefs, judicial opinions and oral arguments. Intended for legal practitioners, teachers, law students, and even interdisciplinary academics, the book offers a basic yet comprehensive explanation of the central role of narrative in litigation. The book also offers a narrative tool kit that supplements the analytical skills traditionally emphasized in law school as well as practical tips for practicing attorneys that will help them craft their own legal stories.
Terrorism: Documents of International and Local Control is a hardbound series that provides primary-source documents on the worldwide counter-terrorism effort. Chief among the documents collected are transcripts of Congressional testimony, reports by such federal government bodies as the Congressional Research Service and the Government Accountability Office, and case law covering issues related to terrorism. Most volumes carry a single theme, and inside each volume the documents appear within topic-based categories. The series also includes a subject index and other indices that guide the user through this complex area of the law. The Palestinian Territories and Hamas provides researchers with a thorough tour of the Israeli-Palestinian conflict. The documents making up that tour include not just reports on Hamas and Israeli military action but also analyses of such topics as the Palestinian economy, the EU's relationship with the Palestinian Authority, and, most especially, the construction and consequences of the Security Wall. Although Volume 93 presents the Israeli government's view of Hamas violence, the volume also provides Hamas's own charter and third-party statements on how some of Israel's policies have harmed Palestinians. Volume 93 also gives researchers, in addition to the opinions of government agencies and international bodies, the viewpoints of both U.S. and international courts. This balanced presentation of documents will allow readers to rely primarily on this book for the most common Palestinian-related research questions. Volume 93 provides researchers with a thorough tour of the Israeli-Palestinian conflict. The documents making up that tour include not just reports on Hamas and Israeli military action but also analyses of such topics as the Palestinian economy, the EU's relationship with the Palestinian Authority, and, most especially, the construction and consequences of the Security Wall. Although Volume 93 presents the Israeli government's view of Hamas violence, the volume also provides Hamas's own charter and third-party statements on how some of Israel's policies have harmed Palestinians. Volume 93 also gives researchers, in addition to the opinions of government agencies and international bodies, the viewpoints of both U.S. and international courts. This balanced presentation of documents will allow readers to rely primarily on this book for the most common Palestinian-related research questions.
Focusing on the key role of the English medieval parliament in
hearing and determining the requests of the king's subjects, this
ground-breaking new study examines the private petition and its
place in the late medieval English parliament (c.1270-1450). Until
now, historians have focussed on the political and financial
significance of the English medieval parliament; this book offers
an important re-evaluation placing the emphasis on parliament as a
crucial element in the provision of royal government and justice.
It looks at the nature of medieval petitioning, how requests were
written and how and why petitioners sought redress specifically in
parliament. It also sheds new light on the concept of royal grace
and its practical application to parliamentary petitions that
required the king's personal intervention.
The second edition of this concise and well-loved textbook has been enhanced and developed while continuing to offer a fresh and accessible approach to international law, providing students with a uniquely holistic understanding of the field. Starting with the legal principles that underpin each strand of international law, and putting this into a real-life context, this textbook builds an understanding of how the international legal system operates and where it is heading. It guides readers through the theoretical foundations and development of international law norms, while also explaining clearly how the law works in practice. Key Features: Further reading and discussion topics for each chapter A focus on legal theory and how it intersects with the practice of international law A new chapter providing an extensive and up-to-date explanation of the specialised areas of international law An integrated and contextual examination of the political and extra-legal dimensions of the international legal system The latest treaties, case studies and analysis, including critical current issues such as the COVID-19 pandemic and global health, and climate change Taking into account the burgeoning literature, cases and legislative developments in public international law in the decade since its first publication, this edition offers new tools to help students embed their understanding, as well as new material on specialised areas of international law. This book is the perfect companion for students to learn international law in context, and for practitioners who want a firm theoretical foundation on which to base their practice.
In recent years a series of scandals have challenged the traditional political reliance on public constitutional law and human rights as a safeguard of human well-being. Multinational corporations have violated human rights; private intermediaries in the internet have threatened freedom of opinion, and the global capital markets unleashed catastrophic risks. All of these phenomena call for a response from traditional constitutionalism. Yet it is outside the limits of the nation-state in transnational politics and outside institutionalized politics, in the 'private' sectors of global society that these constitutional problems arise. It is widely accepted that there is a crisis in traditional constitutionalism caused by transnationalization and privatization. How the crisis can be overcome is one of the major controversies of modern political and constitutional theory. This book sets out an answer to that problem. It argues that the obstinate state-and-politics-centricity of traditional constitutionalism needs to be counteracted by a sociological approach which, so far, has remained neglected in the constitutional debate. Constitutional sociology projects the questions of constitutionalism not only onto the relationship between public politics and law, but onto the whole society. It argues that constitutionalism has the potential to counteract the expansionist tendencies of social systems outside the state world, particularly of the globalized economy, science and technology, and the information media, when they endanger individual or institutional autonomy. The book identifies transnational regimes, particularly in the private area, as the new constitutional subjects in a global society, rivals to the order and power of nation states. It presents a model of transnational, societal constitutional fragments that could bring the values of constitutionalism to bear on these private networks, examining the potential horizontal application of human rights in the private sphere, and how such fragments could interact. An original and provocative contribution to the literature on modern constitutionalism, Constitutional Fragments is essential reading for all those engaged in transnational political theory.
We love freedom. We hate racism. But what do we do when these values collide? In this wide-ranging book, Erik Bleich explores policies that the United States, Britain, France, Germany, and other liberal democracies have implemented when forced to choose between preserving freedom and combating racism. Bleich's comparative historical approach reveals that while most countries have increased restrictions on racist speech, groups and actions since the end of World War II, this trend has resembled a slow creep more than a slippery slope. Each country has struggled to achieve a balance between protecting freedom and reducing racism, and the outcomes have been starkly different across time and place. Building on these observations, Bleich argues that we should pay close attention to the specific context and to the likely effects of any policy we implement, and that any response should be proportionate to the level of harm the racism inflicts. Ultimately, the best way for societies to preserve freedom while fighting racism is through processes of public deliberation that involve citizens in decisions that impact the core values of liberal democracies.
The Maryland State Constitution is the only comprehensive analysis
of Maryland's constitution. Dan Friedman provides an outstanding
historical account of the state's governing charter along with an
in-depth, section-by-section analysis of the entire constitution,
detailing the many signifigant changes that have been made since
its initial drafting in 1867. In-depth commentary on the
constitutional interpretation offers tremendous political and
economic insight into each of the constitution's provisions.
Previously published by Greenwood, this title has been brought back
in to circulation by Oxford University Press with new verve.
Re-printed with standardization of content organization in order to
facilitate research across the series, this title, as with all
titles in the series, is set to join the dynamic revision cycle of
The Oxford Commentaries on the State Constitutions of theUnited
States.
Italian Constitutional Justice in Global Context is the first book ever published in English to provide an international examination of the Italian Constitutional Court (ItCC), offering a comprehensive analysis of its principal lines of jurisprudence, historical origins, organization, procedures, and its current engagement with transnational European law. The ItCC represents one of the strongest and most successful examples of constitutional judicial review, and is distinctive in its structure, institutional dimensions, and well-developed jurisprudence. Moreover, the ItCC has developed a distinctive voice among global constitutional actors in its adjudication of a broad range of topics from fundamental rights and liberties to the allocations of governmental power and regionalism. Nevertheless, in global constitutional dialog, the voice of the ItCC has been almost entirely absent due to a relative lack of both English translations of its decisions and of focused scholarly commentary in English. This book describes the "Italian Style" in global constitutional adjudication, and aims to elevate Italian constitutional jurisprudence to an active participant role in global constitutional discourse. The authors have carefully structured the work to allow the ItCC's own voice to emerge. It presents broad syntheses of major areas of the Court's case law, provides excerpts from notable decisions in a narrative and analytical context, addresses the tension between the ItCC and the Court of Cassation, and positions the development, character, and importance of the ItCC's jurisprudence in the larger arc of global judicial dialog.
In its case law the Court of Justice of the European Union has acknowledged general principles of EU law, which have a constitutional status. In addition the Court of Justice has also recognised 'general principles of civil law', relying upon values which are traditionally rooted in the domain of private law.The pervasive use of principles, both in the case law of the Court of Justice and in other EU projects of 'soft' and 'hard' law, challenges legal scholarship. Although the concepts of principles and rules have been widely discussed within the context of national legal orders, they need to be rethought at the European level, because the traditional view of a principle does not fit the European Union's constitutional architecture. This also applies to the general principles of civil law, for instance good faith. They also have to be redefined to be consistent with the European Union's legal order.The contributions in this book examine EU general principles and their distinction from rules both within the context of the European Union as well as of the Member States. Moreover, they focus on the relevance of EU general principles for contract law and of principles of civil law for a European contract law.
Realizing Utopia is a collection of essays by a group of innovative international jurists. Its contributors reflect on some of the major legal problems facing the international community and analyse the inconsistencies or inadequacies of current law. They highlight the elements - even if minor, hidden, or emerging - that are likely to lead to future changes or improvements. Finally, they suggest how these elements can be developed, enhanced, and brought to fruition in the next two or three decades, with a view to achieving an improved architecture of world society or, at a minimum, to reshaping some major aspects of international dealings. Contributions to the book thus try to discern the potential, in the present legal construct of world society, that might one day be brought to light in a better world. As the impact of international law on national legal orders continues to increase, this volume takes stock of how far international law has come and how it should continue to develop. The work features an impressive list of contributors, including many of the leading authorities on international law and several judges of the International Court of Justice.
Positioning itself within significant developments in genocide studies arising from misgivings about two noteworthy observers, Arendt and Milgram, this book asks what lies 'beyond the banality of evil'? And suggests the answer lies within criminology. Offering the author's reflections about how to interpret genocide as a crime, Beyond the Banality of Evil: Criminology and Genocide endeavours to understand how the theories of criminal motivation might shed light on these stunning events and make them comprehensible. While a great deal has been written about the shortcomings of the obedience paradigm and 'desk murderers' when discussing the Holocaust, little has been said of what results when investigations are taken beyond these limitations. Through examination and analysis of the literature surrounding genocide studies, Brannigan frames the events within a general theoretical approach to crime before applying his own revised model, specifically to Rwanda and drawn from field-work in 2004 and 2005. This provides a new and compelling account of the dynamics of the 1994 genocide and its distinctive attributes of speed, popularity, totality and emotional indifference. With a focus on the disarticulation of personal culpability among ordinary perpetrators, Beyond the Banality of Evil questions the effectiveness of individual-level guilt imputation in these politically based, collectively orchestrated crimes, and raises doubts about the utility of criminal indictments that have evolved in the context of models of individual misconduct.
Law was central to the ancient Roman's conception of themselves and their empire. Yet what happened to Roman law and the position it occupied ideologically during the turbulent years of the Iconoclast era, c.680-850, is seldom explored and little understood. The numerous legal texts of this period, long ignored or misused by scholars, shed new light on this murky but crucial era, when the Byzantine world emerged from the Roman Empire. Law, Power, and Imperial Ideology in the Iconoclast Era uses Roman law and canon law to chart the various responses to these changing times, especially the rise of Islam, from Justinian II's Christocentric monarchy to the Old Testament-inspired Isaurian dynasty. The Isaurian emperors sought to impose their control and morally purge the empire through the just application of law, sponsoring the creation of a series of concise, utilitarian texts that punished crime, upheld marriage, and protected property. This volume explores how such legal reforms were part of a reformulation of ideology and state structures that underpinned the transformation from the late antique Roman Empire to medieval Byzantium.
In The Massachusetts State Constitution, Lawrence Friedman and
Lynnea Thody present a comprehensive and accessible survey of
Massachusetts constitutional history and constitutional law. The
Massachusetts Constitution is the oldest state constitution and has
remained essentially unchanged since it was drafted in 1780. It
served as a model for the United States Constitution and many of
the state constitutions that followed.
When a legal rule requires us to drive on the right, notarize our wills, or refrain from selling bootleg liquor, how are we to describe and understand that requirement? In particular, how does the logical form of such a requirement relate to the logical form of other requirements, such as moral requirements, or the requirements of logic itself? When a general legal rule is applied or distinguished in a particular case, how can we describe that process in logical form? Such questions have come to preoccupy modern legal philosophy as its methodology, drawing on the philosophy of logic, becomes ever more sophisticated. This collection gathers together some of the most prominent legal philosophers in the Anglo-American and civil law traditions to analyse the logical structure of legal norms. They focus on the issue of defeasibility, which has become a central concern for both logicians and legal philosophers in recent years. The book is divided into four parts. The first section is devoted to unravelling the basic concepts related to legal defeasibility and the logical structure of legal norms, focusing on the idea that law, or its components, are liable to implicit exceptions, which cannot be specified before the law's application to particular cases. Part two aims to disentangle the main relations between the issue of legal defeasibility and the issue of legal interpretation, exploring the topic of defeasibility as a product of certain argumentative techniques in the law. Section 3 of the volume is dedicated to one of the most problematic issues in the history of jurisprudence: the connections between law and morality. Finally, section 4 of the volume is devoted to analysing the relationships between defeasibility and legal adjudication.
Philip Pettit has drawn together here a series of interconnected essays on three subjects to which he has made notable contributions. The first part of the book discusses the rule-following character of thought. The second considers how choice can be responsive to different sorts of factors, while still being under the control of thought and the reasons that thought marshals. The third examines the implications of this view of choice and rationality for the normative regulation of social behaviour.
Over the past four decades, the American family has undergone a radical transformation. Skyrocketing rates of divorce, single parenthood, and couples with children out of wedlock have all worked to undermine an idealized family model that took root in the 1950s and has served as a beacon for traditionalists ever since. But what are the causes of this change? Conservatives blame it on moral decline and women's liberation. Progressives often attribute it to women's greater freedom and changing sexual mores, but they typically paint these trends in a positive light. In Family Classes, Naomi Cahn and June Carbone contend that these views miss the forest for the trees. Armed with authoritative evidence, they show that the changing structure of our economy is the root cause of the transformation, and that working class and poorer families have paid the highest price. Increasing inequality and instability in the labor market over the past three decades has had a disproportionately negative impact on family stability and marriage rates among working-class and lower-income Americans. In particular, the decline of stable blue collar jobs for men has upended the labor market in the lower deciles of the income chart. Conversely, educated middle class Americans now have the highest rates of both marriage and marital stability despite the fact that they are relatively unlikely to espouse 'traditional values.' In fact, their family stability rate appears to be increasing. That is important because the children of stable two-parent families really do have a leg up in life. They draw from truly fascinating sociological data to drive home their point that economic factors weigh heaviest. For instance, when eligible (i.e., desirable and marriageable) men outnumber eligible women, the marriage and marital stability rates are significantly higher than when the reverse situation occurs - the exact situation we have in America today. Among the educated middle classes, eligible men outnumber eligible women in the area that truly matters-high incomes-and people in that strata therefore have far more stable family lives than working class and poorer Americans. In these latter sectors, men have lost economic ground vis-a-vis women, and family lives have become increasingly unstable in the last two decades. Interestingly, religion and moral values are insignificant factors in generating this difference in comparison to class. To make families stronger, then, we need to increase the level of economic stability in the bottom half of the population. The authors close with a series of policy proposals to address the family-related problems that flow from economic instability. A rigorous and enlightening account of why American families have changed so much since the 1960s, Family Classes cuts through the ideological and moralistic rhetoric that drives our current debate.
In this collection of essays, originally presented at the Academy of European Law in Florence, the changing landscape of the EU's legal acts is explored. Further to this, the changing boundaries between legal acts and processes which may create norms but do not create 'law' in the traditional sense are analysed. This landscape is presented in two ways. Firstly, by focusing on the transformations and challenges to the EU's traditional legal acts, in particular since the reconfiguration of the categories of legal acts and the procedures for which they are adopted by the Lisbon Treaty. Secondly, the collection focuses on those acts found at (or beyond) the margin of classic EU legal acts, including acts of Member States such as inter se treaties; self-regulation and collective agreements; so-called soft law; and decision-making outside the normal legislative procedures. The volume endeavours to explain the adaptability of the EU legal order despite the fact that the legal instruments at the Union's disposal have not fundamentally changed since the Treaty of Rome came into force 60 years ago. It explores the challenges that new decisional procedures and variations in the legal quality of EU acts pose for the EU's legal order, including alterations to institutional balance and the roles of the different institutional actors and challenges to the rule of law. |
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