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Books > Varsity Textbooks > Legal Studies
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.
The second edition of this popular book, written by seasoned practitioners in this field, offers step-by-step guidance in dealing with disputes in the workplace. Labour Dispute Resolution sets out the system provided in our law for resolving labour disputes, either in terms of the Labour Relations Act or by private dispute resolution. It guides employees, employers, trade unions and employers' organisations (and their representatives) through the various processes to be followed, and sets out the institutions to which particular disputes should be referred. An important addition to the second edition is a new section on dispute resolution in the public sector.
This work, like its two predecessors, is divided into two parts. Part One sets out in a clearly understandable manner the main principles underlying the law of negotiable instruments. Part Two contains the text of the Bills of Exchange Act 34 of 1964 (as amended by Act 56 of 2000) and conveniently and methodically deals consecutively with each section accompanied by a detailed commentary thereon.
A Guide to Legislative Drafting in South Africa identifies the key aspects of legislative drafting, providing a clear and practical guide to the subject. It unravels the mysteries and complexities of statutory writing, presenting it to the reader in a structured and understandable manner.
Jurisprudence – An Introduction is aimed at students about to embark on a course in jurisprudence, legal theory or legal philosophy. The author has analysed the various philosophies extensively, and has indicated the intensity of current jurisprudential debates in relation to South African law.
In 1994, Malawi adopted an unusually progressive Constitution, unprecedented in the country's political and constitutional history. 'Human Rights under the Malawian Constitution' takes stock of the human rights jurisprudence generated by the new Constitution and the new judiciary in Malawi over the past sixteen years. The book examines the largely unreported Malawian cases and legislation and systematically analyses them with a view to constructing a coherent corpus of human rights jurisprudence, which is essential to consolidating democracy, establishing the foundation for the rule of law and ushering in an era of accelerated development in Malawi. The author draws on a wealth of international and comparative jurisprudence, including that from other African countries, without detracting from the main objective of constructing a Malawian brand of jurisprudence. Ultimately the book reveals that it is possible for human rights to grow even in underdeveloped countries. 'Human Rights under the Malawian Constitution' is intended for use by judges, lawyers, legal scholars, students, civil society, law reform officers, human rights institutions and comparative law scholars. _______________________________________________ Danwood Mzikenge Chirwa is Associate Professor of Law and Head of the Department of Public Law at the University of Cape Town. He has published widely in the fields of constitutional and human rights law. _______________________________________________ ' This book] makes a significant contribution to African constitutional law. The author has engaged in a careful and systematic treatment of all of the clauses contained in Malawi's Bill of Rights, as well as the jurisprudence which has been developed by its courts over the past 16 years .... Accordingly, this is a work which anyone who wishes to engage in African constitutional law in general and Malawian law in particular will be required to use as a major source of reference.' Dennis Davis, Judge of the High Court of South Africa; Honorary Professor of Law, University of Cape Town ' This book] fills a gap in the literature of human rights in the region with its excellent examination of the Malawian provisions. It is well written and will appeal to a wider readership than Malawi.' Boyce Wanda, Professor of Law, University of Fort Hare
Res Ipsa Loquitur and Medical Negligence: A Comparative Survey analyses the application of the doctrine of res ipsa loquitur ('it speaks for itself') to medical negligence cases. The book aims to establish conclusively that the approach of the South African courts, that the doctrine should never find application in medical negligence cases, is untenable and out of touch with modern approaches adopted in other countries. Constitutional principles such as procedural equality, access to courts, access to health care, access to information, post-constitutional legislation, medical ethics and policy considerations are also discussed. The book further provides a theoretical and practical legal framework for the application of the doctrine to medical negligence cases in South Africa in future. The authors argue for the application of the doctrine, not only in medical negligence cases, but also to related legal procedures that follow a medical accident such as medical inquests, criminal prosecutions and disciplinary inquiries instituted by the Health Professions Council of South Africa. Res Ipsa Loquitur and Medical Negligence includes a comprehensive comparison of the practical application of the doctrine to medical negligence cases in South Africa, England and the United States of America.
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
Hoteliers, restaurateurs, licensees and catering managers will, in the course of their work, enter into many legal relationships with other parties whilst at the same time being required to adhere to all of the statutory laws that apply to their business. A sound knowledge of the law is therefore important to the professional owner or manager, as are knowledge of business management and the fundamental skills of the profession.
On publication of the previous edition of Computers and the Law, developments such as the Internet and electronic commerce were as yet unthought of. The second edition strives to bring the reader up to date with such developments. It also attempts to gauge the law's reaction, or lack of it, to these developments.
This book provides healthcare and legal practitioners and students at all levels with the theory and practical application necessary to understand and apply bioethics, human rights and health law to their present and future work. The topics of bioethics, human rights and health law are part of the core curriculum for all students in Health Sciences in South Africa. Bioethics, Health Law and Human Rights: Principles and Practice, therefore, comes at no better time. As the book is a guide, it does not deal exhaustively with the topics discussed. Instead, it aims to give healthcare and legal practitioners some general guidelines which it is hoped will be of practical use to them.
This work is concerned with the land reform programme which is a central aspect of the political and social reform agenda of democratic South Africa. After a concise general survey of the history of discriminatory landholding, comprehensive chapters on registration, prescription and alternative forms of title establish the relevant property law context.
Die sewende uitgawe van Deliktereg, wat gelyktydig met die Engelse weergawe hiervan verskyn, is in die geheel hersien en bygewerk in die lig van nuwe gesag en literatuur wat uit die aard van die saak soms 'n aanpassing van regsbeginsels of teoretiese standpunte meegebring het. In die besonder is aandag gegee aan die lewendige akademiese en regterlike debat wat sedert die vorige uitgawe oor die deliksbeginsels gevoer is, veral oor die verhouding tussen onregmatigheid, nalatigheid en juridiese kousaliteit.
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.
This book has grown out of the experiences of years of teaching introductory courses in law, to both law and non-law students here in Botswana and in other countries. Although it builds on E. K. Quansah’s earlier mimeograph, Introduction to the Botswana legal system, this book is specifically written as a comprehensive textbook that targets law and non-law students as well as anyone concerned with the operation of the law. Structurally, it is divided into five parts. Part I provides a general introduction to the nature and functions of the law as well as a brief outline of the major legal systems that operate in the world today. Part II contains a detailed account on the background to the present legal system in Botswana and then identifies the different sources of law that are applied in the courts in the country. Part III examines the various courts in the country as well as the different categories of legal personnel who are involved in the administration of justice in the country. Part IV deals with the enactment and interpretation of statutes. The final part discusses some of the crucial issues that have troubled students when tackling law examinations and also examines some of the key issues in writing a good legal essay and legal research paper.
For more than a decade, South Africans have been advocating a reform of the country’s laws on sexual offences. South Africa has one of the highest levels of reported rape in the world, and legislative reform was seen as an essential step towards shifting the understanding of rape and its treatment within the criminal justice system. Since 1996 the activism has focused on the South African Law Reform Commission’s investigation into sexual offences, and the parliamentary process, which culminated at the end of 2007 in the Criminal Law (Sexual Offences and Related Matters) Amendment Act. Many of the authors of Should We Consent? were involved in substantive legal submissions, research and legislative drafting and promoting changes to the law to provide rape victims with effective redress and protection. Drawing on a body of empirical, social and legal scholarship, this unique text charts the critical social and legal debates and jurisprudential developments that took place during the rape law reform process. This book also provides important insights into the engagement of civil society with law reform and includes thoughtful and contemporary discussions on topics such as ‘defining’ rape, HIV, sexual offences against children and sentencing of sexual offenders.
Beginnersgids Vir Regstudente is bedoel vir studente wat vir die eerste keer met die reg te doen kry. Dit bied ’n breë, gebruikersvriendelike oorsig van die reg in eenvoudige taal, toegelig met voorbeelde en diagramme. Die klem val op praktiese vaardighede wat nodig is om regte te studeer, om die bronne van die reg te hanteer en om regsnavorsing te doen. ’n Kritiese benadering tot die reg word by studente aangekweek. Hierdie uitgawe word vergesel van ’n CD-ROM wat bykomstige studiemateriaal en leiding aan studente verskaf.
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