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Books > Varsity Textbooks > Legal Studies
This book introduces students to the distinct legal traditions that make up the South African legal system.
The casebook on the South African law of persons provides clear and concise analysis of the facts and principles enunciated by the courts on the law of persons. It contains commentary and extracts from cases referred to in The South African law of persons.
General Principles of Commercial Law is a concise compendium written specifically for non-law students. Written by experienced commercial law lecturers in the Department of Mercantile Law at the University of South Africa as well as the University of Johannesburg, it has been a prescribed text for undergraduate non-law students at various South African tertiary institutions for the past 32 years. General Principles of Commercial Law provides students with a succinct exposition of the general principles of commercial law. It covers a wide range of topics influenced by the registration requirements of the Independent Regulatory Board for Auditors. The tenth edition has been updated to reflect recent statutory and other developments in commercial law and includes:
Family Law in South Africa, second edition, offers a clear and accessible introduction to the principles of family law in South Africa. The second edition is thoroughly updated and revised to reflect developments within the recent period, and includes a new chapter relating to surrogacy, IVF, and other forms of non-natural reproduction. This revised edition introduces a more integral and expanded synthesis of common law and African customary law, throughout, and includes a new chapter that discusses customary law rights, responsibilities and ritual pertaining to children. Where relevant, aspects of legal ethics, social justice, problem solving, and comparative law are foregrounded, at the appropriate level, and critical, reflective and skills-based development is supported by the text’s unique pedagogical design.
Administrative Justice in South Africa 2e offers a clear, comprehensive and applied explanation of the principles and framework of administrative justice in South Africa. The text addresses both judicial and non-judicial means for control and enforcement, as well as procedural aspects of administrative law. Practical in its approach, the text provides valuable focus on the application of principles in case law, problem-solving methodology and specific procedural aspects of administrative justice. The second edition includes a new, unique chapter that considers the implications of administrative justice for the creation of administrative mandates, as opposed to mere control of administrative action once taken, thus employing administrative justice in a more proactive manner. The text offers a clear pedagogical framework that develops independent, critical and reflective engagement with the subject matter. A strong conceptual and enquiring approach enriches knowledge and engages re aders in an interactive, topical and challenging manner. Additional, high-value educational resources support learning and teaching, further assisting students to develop the academic skills required to master their studies.
Principles of Evidence fifth edition provides invaluable assistance to students, academics and practitioners alike and introduces a decolonial approach to South Africa’s law of evidence. The book continues to assess the impact of the Constitution on the rules of evidence and analyses the bourgeoning body of case law dealing with the admissibility of evidence. It also considers recent amendments impacting the child witness as well as the presentation of oral evidence more generally and offers a separate discussion on statutory provisions regulating matters as diverse as, for example, sexual history evidence and the admissibility of electronic evidence. Provides critical commentary and suggestions for law reform.
New Entrepreneurial Law is intended to be an aid to Henochsberg on the Companies Act 71 of 2008. This title is sold as a set accompanied by the Companies Act.
The aim of this work remains to set out the basic principles of South African private law systematically, in clear unmistakable language, and as comprehensively as is possible in a single volume. Over the years, Wille's principles has appealed to judges, practitioners and students alike, and this edition is also written with the needs of these groups in mind. This edition, of which Dale Hutchison was general editor, was a notable success in this regard, and we have sought to follow its example of balancing the retention of the basic structure of the work with innovation in the treatment of its subject matter and the dissemination of original research. We have nevertheless as far as possible maintained the very useful practice in previous editions of citing the older, original authority for a proposition alongside contemporary sources. Many of the changes were necessitated or inspired by the Constitution, which has radically altered the foundations of our legal system. The impact of the Bill of Rights on private law has been significant and is growing, via both the horizontal application of fundamental rights and their legislative implementation and elaboration. This is reflected in the structure and content of the new introductory general part as well as in the text of virtually every chapter. Importantly, the constitution has given new prominence to indigenous customary law, and in this edition we have sought, where possible in and relevant for a work of this nature, to reflect its status as equal partner of the common law. This has led to major changes in almost all of the chapters on Persons and the Family. The frequency of far-reaching judicial changes to the law combined with the uncertainties of legislative timetables to necessitate several significant revisions during the final stages of preparation for publication.
Interpretation of statutes is about understanding enacted law-texts, that is, making sense of the legislative scheme applicable to the situation at hand. Statutory Interpretation: An Introduction for Students aims to teach students to interpret and apply legislation within the total legal environment. Part 1 (‘Statute law’) introduces students to the different types and categories of legislation, the structural components of legislation, the sometimes confusing ‘codes’ used in legislative texts, and the challenges of applying old order legislation together with new legislation. Part 2 (‘How legislation is interpreted’) comprises a chapter on the theoretical foundations of interpretation and an overview of the basic approaches to statutory interpretation in South Africa, and a chapter dealing with the practical application of the rules of interpretation. Part 3 (‘Judicial law-making during interpretation, and peremptory and directory provisions’) deals with day-to-day applications, and Part 4 is a basic introduction to constitutional interpretation. Students are also introduced to less well-known aspects of statutory interpretation, such as deeming clauses, the suspension of legislation, sunset clauses, legalese, and the counter-majoritarian difficulty. The 6th edition of Statutory Interpretation: An Introduction for Students is a user-friendly introduction to the basic principles of statutory interpretation. It is aimed mainly at undergraduate students, but practitioners will also find it useful. The rules and principles of statutory interpretation are explained using hypothetical situations and practical examples from case law and legislation.
The fourth edition of Principles of Evidence strikes a balance between the theory of the law of evidence and its practical application. This edition continues to assess the impact of the Constitution on the traditional Anglo-South African law of evidence, especially with regards to the admissibility of unconstitutionally obtained evidence. It further discusses the statutory provisions regulating diverse matters such as sexual history evidence and the admissibility of electronic evidence.
Students will find this book invaluable in their study of Criminal Procedure. It introduces readers to the fundamental principles and values underlying this field of law and guides them systematically through the rules of procedure that apply in criminal cases.
Criminal Law in South Africa 4e offers a clear, comprehensive and applied explanation of the principles of criminal law in South Africa. This fourth edition text is revised and updated to reflect the extensive developments in South African- and international criminal law during the recent period. The text addresses the general principles of criminal law, as well as the elements of specific common law crimes and statutory offences. It includes discussion of organised and commercial crime, and international criminal law, as well as a chapter that broadly outlines the South African criminal procedure system. Legal theory is presented in light of the influence of the Bill of Rights, comparative law perspectives, international and transnational law, and the emerging decolonisation debate. A wealth of discussion points within the text offer critical perspective and analysis of moot and contentious issues. In a critical yet accessible manner, the text considers various developments that affect law reform, for example: constitutional aspects of the disciplinary chastisement of children, consent in the context of sexual offences, youth as a factor in determining criminal capacity, the scope of the crime of public violence, and the impact of cyber criminality on general principles and specific offences. Designed to support understanding, the text succinctly explains criminal law principles with numerous case illustrations, and balances theoretical depth with a focus on the application of principles. This approach is supported by an annexure that demonstrates a methodology for solving problems in criminal law. Criminal Law in South Africa 4e serves as core material for courses in criminal law, at the undergraduate level of the LLB programme. Additional teaching presentation and assessment resources are available to support teaching and learning.
A proper grasp of the law of insolvency can be acquired only by reading and digesting a sizeable volume of case law. This text, designed to complement Hockly's Insolvency Law, allows students and practitioners to come to terms with a broad range of insolvency cases.
Tax Law: An Introduction deals with the fundamentals of income tax in a practical and clear manner that makes this book an ideal tool for tax teachers. Written for students, this much-needed textbook simplifies complex concepts and avoids unnecessary jargon as it explains the key objectives and principles of taxation. The book sheds light on contemporary South African tax law and the most important tax cases. It covers the process of tax collection as well as the interpretation of tax legislation. Tax Law: An Introduction is intended to ease the teaching and understanding of an often-daunting subject. The book includes a link to the relevant Acts for easy access by students.
An introductory legal textbook for property law.
The Law of Delict in South Africa, third edition, offers an introduction to the general principles of delictual law. Comprehensive in scope, while clear and concise, the text provides a rich contextual framework which supports understanding and application of the principles. Features:
The fifth edition of this established work on criminal law now includes detailed discussion of major judicial pronouncements on dolus eventualis (Pistorius), the limits of common purpose liability in its active association form (Dewnath), robbery with aggravating circumstances (Masingili), treason (the Boeremag Treason trial), racketeering/retrospectivity (Savoi) and consensual child sexual experimentation (Teddy Bear Clinic). With the important entry into force on 9 August 2015 of the Prevention and Combating of Trafficking in Persons Act 7 of 2013, definitions of human trafficking and related offences have now become an integral part of our criminal law. Moreover, the transitional provisions on human trafficking in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 have been replaced with more detailed provisions under this Prevention and Combating of Trafficking in Persons Act 7 of 2013. A significant amendment to abortion law has been effected by the Choice on Termination of Pregnancy Amendment Act 1 of 2008 (assented to 12 February and promulgated18 February 2008), following the Constitutional Court's judgment in Doctors for Life International v Speaker of the National Assembly 2006 (6) SA 416 (CC). Judgments of the Supreme Court of Appeal, the Constitutional Court and legislative amendments relevant to criminal law up until the end of 2015 have been included in this fifth edition of Principles of Criminal Law.
Precedents for Applications in Civil Proceedings has been written to assist all, from aspirant novices to experienced practitioners. The book contains more than 100 examples covering an extensive range of more than 50 subjects, with commentary on the requirements of applications and the identification of typical defences. Precedents for Applications in Civil Proceedings comprises four parts: Part 1 - Introduction and General Guidelines: advice on drafting with emphasis on application papers; Part 2 - Generic Applications and General Matters: generic applications such as interdicts, reviews, appellate applications and the like; Part 3 - Procedural, Interlocutory and Incidental Applications Matters: An extensive range of interlocutory, incidental and procedural applications; Part 4 - Specific Substantive Applications: Comprising a wide range of subjects with commentary and precedents thereon.
The second edition of Criminal Procedure: Legislative Guide is intended for use by students studying criminal procedure. The Guide is a useful collection of legislation that will assist students with studying, exam preparation and the answering of assignments. The purpose of the Guide is to equip students with the theoretical knowledge and applied skills, aptitudes and competencies necessary to analyse and solve issues and disputes arising from the adjectival process of South African criminal procedure as it applies to adult accused persons and child offenders.
This newly updated text equips nurses and other health-care professionals to deal with the legal issues they encounter in daily practice. Informative and relevant, The A-Z of Nursing Law covers all recent changes to the law and legislation that affect the nursing profession. As the only local book of this nature, it has become an invaluable resource for nurse practitioners and other health-care professionals. Undergraduate and postgraduate nursing students will also find it useful.
The new edition deals with the new legislation affecting the law of damages, including the Road Accident Fund Amendment Act 19 of 2005, the National Credit Act 34 of 2005 and the Consumer Protection Act 68 of 2008. A large number of important Constitutional Court, Supreme Court of Appeal and High Court judgments and academic contributions since 2003 relating to most fields of the law of damages in both delict and contract are examined in the new editions.
Dismissal remains the most thorough and comprehensive work available on a problem that confronts employers, lawyers, judges and arbitrators every working day – when is it fair to terminate the relationship with employees, for whatever reason this regrettable step may be deemed necessary? This work deals with all the circumstances in which dismissals arise and are challenged – from dismissals for misconduct and incapacity, through retrenchments, automatically unfair dismissals, dismissals of protected and unprotected strikers, to the procedures required before such dismissals can lawfully be effected and challenged. Written in the clear and readable style for which the author has become acclaimed, the exposition of each principle is illustrated with examples drawn from the case law. This fourth edition adds many judgments handed down since the third edition was published five years ago, and incorporates judgments law and statutory amendments that have been handed down or enacted since then. Dismissal forms a volume in a quartet by the author, and should where necessary be read with its companion volumes – Employment Rights, Collective Labour Law and Labour Litigation and Dispute Resolution
International Law, Third Edition, offers a rigorous and supportive introduction to public international law for undergraduate and post-graduate readers. The text balances clear, concise discussion with in-depth analysis of international law principles at the international, regional and, where applicable, domestic levels. Offering a conceptual framework that simplifies the complexity of the international legal system, International Law supports learning efficiency and effectiveness, and enables readers to achieve mastery of the subject matter. In addition to the core material that is addressed in international law curriculae, this third edition work engages with the many developments and topical issues that have assumed significance for international relations in the 21st century, since the publication of the previous edition. International Law is suited as core material for undergraduate courses in international law. The work is also a useful first resource for legal practitioners who wish to engage with foundational and current principles of the field.
The Law of Contract in South Africa, fourth edition, offers a concise, accessible and rigorous introduction to the general principles of contract law in South Africa. Balancing depth of explanation with exceptional clarity and an enquiring approach, the text guides readers to master their knowledge and to critically engage with the subject matter. The fourth edition is revised and updated to address several significant developments. Additional teaching presentation and assessment materials are available to support teaching and learning. |
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