Developments have turned the study of South African constitutional law, even at an introductory level into a major undertaking. The purpose of this book is to guide the student of constitutional law in such an undertaking.

Courts, Codes, and Custom addresses the question of why some states recognize and comply with international human rights and environmental law, while others do not. To address this question, Dana Zartner has developed a novel cultural-institutional theory to explain the manner in which a state's domestic legal tradition shapes policy through the process of internalization. A state's legal tradition-the cultural and institutional factors that shape attitudes about the law, appropriate standards of behavior, and the legal process-is the key mechanism by which international law becomes recognized, accepted, and internalized in the domestic legal framework. Legal tradition shapes not only perceptions about law, but also provides the lens through which policy-makers view state interests, directly and indirectly influencing state policy. The book disaggregates the concept of legal tradition and examines how the individual cultural and institutional characteristics present within a state's domestic legal tradition facilitate or hinder the internalization of international law and, subsequently, shape state policy. In turn it explains both the differences in international law recognition across legal traditions, as well as the variance among states within legal traditions. To test this theory Zartner compares case studies within five of the main legal traditions in the world today: common law (U.S. and Australia), civil law (Germany and Turkey), Islamic law (Egypt and Saudi Arabia), mixed traditions (India and Kenya), and East Asian law (China and Japan). She addresses the differences among legal traditions as well as between states within the same tradition; the important role that legal culture and history play in shaping contemporary attitudes about law; and similarities and differences in state policy towards human rights law versus environmental law.

This is a collection of essays written by Moore which form a thorough examination of the theory of criminal responsibility. The author covers a wide range of topics, giving the book a coherence and unity which is rare in assembled essays. Perhaps the most significant feature of this book is Moore's espousal of a retributivist theory of punishment. This anti-utilitarian standpoint is a common thread throughout the book. It is also a trend which is currently manifesting itself in all areas of moral, political and legal philosophy, but Moore is one of the first to apply such attitudes so sytematically to criminal law theory. As such, this innovative, new book will be of great interest to all scholars in this field.

Gerrie Radlof se gewilde Oloff die Seerowerreeks is oorspronklik tussen 1957 en 1961 uitgegee en het daarna reeds vier uitgawes beleef. Die verhale, wat in die 1740's afspeel aan die Kaap de Goede Hoop en die seewee daarom heen, is verwerk om aan te pas by die moderne taalgebruik en aan te sluit by die hedendaagse tiener, maar niks van die oorspronklike sjarme en spanning het in die verwerking verlore gegaan nie. Ook geskik as leesstof vir Afrikaans tweede taal vir ouer leerlinge.

Online Dispute Resolution - Theory and Practice is intended to provide an in-depth analysis and overview of not only the past and present but also the future of Online Dispute Resolution. It serves as a guide to scholars and practitioners having an interest in the interplay between dispute resolution, ICTs and AI applications. The book employs international, comparative, empirical, and interdisciplinary approaches to a myriad of legal and technical issues across the ODR spectrum. ODR is a field that lies at the intersection of dispute resolution and technology and our challenge has been to examine the many different areas that are being touched by these elements of modern life. This second edition updates information about ODR around the world, extends and brings up to date ODR approaches to facilitation, mediation, arbitration, and ecommerce, and adds important information about new technologies like blockchain and artificial intelligence. Online Dispute Resolution - Theory and Practice is a must read text by scholars, practitioners, academics, and researchers in the dispute resolution and information technology field.

The motivation for this particular law of obligations is the notion that the core assumptions of the dogmatic structure of each field, and of the law of obligations as a whole, can be expected to begin to show their imperfections more clearly the further one moves from the centre, and that this kind of examination affords an opportunity to reassess both the current premises in each field as well as the overall structure of obligations.

Understanding Land Tenure Law contains a commentary on land tenure law in South Africa together with the three key pieces of legislation: the Land Reform (Labour Tenants) Act, the Extension of Security of Tenure Act and the Prevention of Illegal Eviction from Unlawful Occupation of Land Act.

The text explains key definitions in the law and provides useful, practical guidelines on land rights disputes. Understanding Land Tenure Law also sets out the nature and scope of legal protection available to occupiers of land and labour tenants, with a section on access to the courts, including the Land Claims Court.

This book was developed by Cheadle, Thomson and Haysom Inc under the auspices of the Department of Land Affairs' Legal Services Project of the Land Rights Management Facility.

This title is not merely a new edition, but a complete rewrite. It provides the reader with a thorough understanding of international income tax aspects from a South African perspective. Topics generally regarded as highly complex are dealt with in a practical way, and illustrated by relevant examples. These topics include: controlled foreign companies; foreign dividends; exchange controls; tax havens; intermediate holding companies; double-taxation agreements. Some features of this title include: a discussion of the 2010 Update to OECD Model Tax Convention and Commentaries as well as the 2010 SA Legislative amendments; a rewritten chapter on Trusts; a substantially expanded bibliography. Five new chapters added on: Taxation of individuals; Taxation of Companies and Dividends; Taxation of Partnerships; Cross-border VAT; and Interpretation of Statutes.

'The kind of book that has you screaming "Yes! Yes! Yes! Now I get it!" on almost every page' Caitlin Moran 'Dr Taylor sets out a compelling case . . . gives voice and agency to women who have experienced trauma and violence' Morning Star She asked for it. She was flirting. She was drinking. She was wearing a revealing dress. She was too confident. She walked home alone. She stayed in that relationship. She was naive. She didn't report soon enough. She didn't fight back. She wanted it. She lied about it. She comes from a bad area. She was vulnerable. She should have known. She should have seen it coming. She should have protected herself. The victim blaming of women is prevalent and normalised in society both in the UK, and around the world. What is it that causes us to blame women who have been abused, raped, trafficked, assaulted or harassed by men? Why are we uncomfortable with placing all of the blame on the perpetrators for their crimes against women and girls? Based on three years of doctoral research and ten years of practice with women and girls, Dr Jessica Taylor explores the many reasons we blame women for male violence committed against them. Written in her unique style and backed up by decades of evidence, this book exposes the powerful forces in society and individual psychology which compel us to blame women subjected to male violence.

Labour Litigation and Dispute Resolution, first published in 2010, is the most comprehensive exposition of practice and procedure in the various forums charged with resolving employment and labour disputes in South Africa.

It provides an overview of the nature, powers and jurisdiction of the CCMA, bargaining councils, the Labour Court and private arbitrators, and guides the reader though the maze of rules and procedures that must be followed to process matters through these forums, while giving useful tips on how to avoid or surmount obstacles that might arise along the way. This book is more than a practice manual. Written in the clear and lively style which characterises the author’s writing, it sets out the principles underlying the issues discussed, and illustrates them with many examples from decided cases.

The 4th edition of Labour Litigation and Dispute Resolution will be an indispensable part of any practitioner’s library.

Can your employer require you to travel to India for a hip replacement as a condition of insurance coverage? If injury results, can you sue the doctor, hospital or insurer for medical malpractice in the country where you live? Can a country prohibit its citizens from helping a relative travel to Switzerland for assisted suicide? What about travel for abortion? In Patients with Passports, I. Glenn Cohen tackles these important questions, and provides the first comprehensive legal and ethical analysis of medical tourism. Medical tourism is a growing multi-billion dollar industry involving millions of patients who travel abroad each year to get health care. Some seek legitimate services like hip replacements and travel to avoid queues, save money, or because their insurer has given them an incentive to do so. Others seek to circumvent prohibitions on accessing services at home and go abroad to receive abortions, assisted suicide, commercial surrogacy, or experimental stem cell treatments. In this book, author I. Glenn Cohen focuses on patients traveling for cardiac bypass and other legal services to places like India, Thailand, and Mexico, and analyzes issues of quality of care, disease transmission, liability, private and public health insurance, and the effects of this trade on foreign health care systems. He goes on to examine medical tourism for services illegal in the patient's home country, such as organ purchase, abortion, assisted suicide, fertility services, and experimental stem cell treatments. Here, Cohen examines issues such as extraterritorial criminalization, exploitation, immigration, and the protection of children. Through compelling narratives, expert data, and industry explanations Patients with Passports enables the reader to connect with the most prevalent legal and ethical issues facing medical tourism today.

Compliance and Ethics in Law Firms provides guidance on SRA regulations for non-lawyers working in law firms and for those who are responsible for ensuring that they comply with the SRA's rules (such as COLPs, COFAs and learning and development professionals). There are regulatory and legal consequences both for these individuals and for their firms if they fail to demonstrate the correct behaviours. It is therefore essential that everyone who works in a law firm understands the compliance and ethical requirements of SRA regulations. The second edition of this book has been updated to aid compliance with the SRA Standards and Regulations, which replaced the SRA Handbook in November 2019, as well as relevant tribunal decisions. The text has been revised to take account of the Money Laundering Regulations 2017, the Criminal Finances Act 2017, the EU General Data Protection Regulation (GDPR) and the Data Protection Act 2018. These changes are of great significance and this edition will explain them and provide the reader with a toolkit of regulatory and ethical knowledge which can be applied to their specific circumstances.

Volume 106 of Terrorism: Commentary on Security Documents ("Terrorist Financing and Money Laundering") guides readers through the complex legal terrain of terrorist financing and money-laundering. Researchers will benefit from the diversity of this volume's selection: from U.S. agency reports on how to implement the recommendations of the 9/11 Commission to the efforts of the European Parliament in seizing assets to two perspectives on how well Saudi Arabia is combating terrorist financing within its borders: the U.S. perspective and the perspective of Saudi Arabia itself. Equally important for researchers is this volume's extensive treatment of U.N. measures on terrorist financing and money laundering. The volume concludes with the full text of the model rules for regulating terrorism-related financial transactions, as promulgated by a joint body of the U.N. and the International Monetary Fund.

This work provides readers with an authoritative resource for understanding the true extent and nature of gun violence in America, examining the veracity of claims and counterclaims about mass shootings, gun laws, and public attitudes about gun control. This work is part of a series that uses evidence-based documentation to examine the veracity of claims and beliefs about high-profile issues in American culture and politics. Each book in the Contemporary Debates series is intended to puncture rather than perpetuate myths that diminish our understanding of important policies and positions; to provide needed context for misleading statements and claims; and to confirm the factual accuracy of other assertions. This particular volume examines beliefs, claims, and myths about gun violence, gun laws, and gun rights in the United States. Issues covered in the book include trends in firearm violence, mass shootings, the impact of gun ownership on rates and types of crime, regulations and Supreme Court decisions regarding gun control and the Second Amendment, and the activities and influence of organizations ranging from the National Rifle Association to Everytown for Gun Safety. All of these topics are examined in individualized entries, with objective responses grounded in up-to-date evidence. Easy-to-navigate Q&A format Quantifiable data from respected sources as the foundation for examining every issue Extensive Further Reading sections for each entry providing readers with leads to conduct further research Examinations of claims made by individuals and groups of all political backgrounds and ideologies

Class Action Litigation in South Africa is the first book to be published in South Africa dealing with this area of the law. The book collects, describes and interrogates the first-class action judgments in South Africa, aiming to go beyond the existing and ground-breaking Supreme Court of Appeal and Constitutional Court judgments on class actions, and makes practical suggestions regarding the issues that are likely to arise for practitioners, judges and academics as they encounter class actions in South Africa. Class Action Litigation in South Africa seeks to ensure a home-grown understanding of class actions for our country, but also offers the reader first-hand exposure to lessons learnt from international experts in class action litigation. The book thus embraces contributions from around the world that are wide-ranging, straddling the fields of law, economics, social justice and politics. The book presents important and useful insights into class action litigation from local and international experts. The editors and the contributors have all been involved in the leading class action cases in South Africa and abroad.

A Practical approach to Criminal Procedure in Botswana explains the basic principles of the law of criminal procedure in Botswana in plain and concise language. Aspects of the law of criminal procedure are analysed with an emphasis on their practical application, and with reference to recent case law and legislation. The author also discusses the rights of the accused at each stage of the criminal justice process. A Practical approach to Criminal Procedure in Botswana provides comprehensive, analytical and up-to-date information for judicial officers, legal practitioners, law students, academics, law enforcement officers, researchers, paralegals and those involved in the administration of justice.