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Books > Law > Laws of other jurisdictions & general law > Social law
The South African Law of Persons provides law students with a thorough understanding of the principles of the law of persons. In a concise and comprehensive manner, the publication includes discussion of the implications of the constitutional principles of the law of persons.
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.
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.
Healthcare delivery in the 21st century has become increasingly complex and demanding . Clinical consultations frequently raise scientific, ethical and legal challenges. While scientific issues may be resolved using an evidence-based medicine (EBM) approach, ethical theory is needed to justify decision making in the face of ethical conflict. Medical ethics, law and human rights: a South African perspective provides the conceptual background and analytic skills necessary to assist with the resolution of ethical dilemmas encountered in the South African healthcare environment. Medical ethics, law and human rights: a South African perspective uses case studies to help the healthcare team to identify and analyse ethical, moral and value concepts, and to apply these to scenarios that they may encounter on a daily basis. Part 1 explores theories and principles of ethics (including African philosophy), introduces medical law, discusses health and human rights, and also makes the transition from theory to practice. Part 2 looks at specific topics in healthcare that raise challenges from an ethics perspective - HIV/AIDS, use of social media, euthanasia, human reproduction, genetics and genomics. In view of the increasing emphasis on ethical considerations in healthcare from the Health Professions Council of South Africa (HPCSA), coupled with the rising incidence of litigation in healthcare, Medical ethics, law and human rights: a South African perspective is essential reading for health science, law and philosophy students as well as practising healthcare professionals.
Law of Persons, now in its seventh edition, has become a standard text on the South African law of persons. The book was first published in 1995, just after the dawn of South Africa’s first democratic dispensation. The book constitutes a general and fully referenced source on the law of persons, and reflects the transformation of the law of persons in line with the values entrenched in the Constitution of the Republic of South Africa, 1996, with specific reference to the Bill of Rights. The book’s systematic approach and comprehensive overview make it suitable as a textbook. Trynie Boezaart (previously writing under the name CJ Davel) has authored Law of Persons since the book was first published. She is Professor Emeritus at the University of Pretoria, founder of the Centre for Child Law at the University of Pretoria, Director of the Centre for Child Law until 2008, and an Advocate of the High Court of South Africa. She has served as an Acting Judge in the High Court and was the Head of the Department of Private Law at the University of Pretoria for more than eight years. Furthermore, she enjoys international recognition for research in child law and the law of persons, has lectured extensively in the law of persons for more than three decades, and has published widely on numerous aspects of the law of persons and related fields.
Die arbeidswetgewing wat betrekking het op die onderwysomgewing is omvattend en dek ’n groot verskeidenheid aspekte waarmee almal binne hierdie omgewing op een of ander stadium te doen kry. Waar daar in die verlede moontlik ’n vae begrip van veral wette en regulasies ten opsigte van diensvoorwaardes by meeste werknemers in die onderwys teenwoordig was, is dit nou onontbeerlik om ’n basiese begrip van alle relevante wetgewing en regulasies wat van toepassing is, te hê. Veral onderwysers kan hulle in die spreekwoordelike mynveld bevind indien hulle nie seker maak dat hulle oor die basiese kennis van onderwysreg beskik nie. Dit word gestaaf deur die talle hofsake, dispute, mediasies, dissiplinêre verhore en die dikwels onaangename implikasies daarvan vir indiwidue (en hul gesinne) wat voortspruit uit aanklagte teen oortreders in alle sektore van die onderwys. Wetswysigings na aanleiding van veranderde omstandighede binne die onderwys, lei tot die behoefte om voortdurend op die hoogte van die implikasies en toepassing daarvan te wees. Hierdie dringende behoefte geld nie alleen vir skoolhoofde nie, maar vir elkeen betrokke by onderwys. Aan die een kant berus die korrekte toepassing en implementering by die beheerliggaam en die hoof van ’n inrigting, maar aan die ander kant raak dit die mense wat daar werksaam is. Die skrywers van hierdie boek het nie alleen ’n deeglike besef van hierdie noodsaaklike behoefte nie, hulle spreek dit ook baie effektief aan deur middel van hulle uiters waardevolle ervaring. Hierdie ervaring spruit voort uit praktiese betrokkenheid by die onderwys asook deeglike navorsing op die terrein van onderwysreg. Kennis van al die aspekte wat in hierdie boek aangespreek word, verbeter ongetwyfeld die kwaliteit van die onderrig– en leerproses in die klaskamer – ’n broodnodige doelwit om na te streef. Dit skep ook ’n veiliger omgewing waarbinne elkeen funksioneer. Persoonlik is ek baie dankbaar vir die bydrae wat deur middel van hierdie handige handleiding gemaak word tot die uiteindelike kwaliteit van onderwys in Suid Afrika.
Environmental law provides a comprehensive and succinct examination of the entire environmental law landscape in South Africa. The second edition includes a new chapter on climate change, and also examines the following recent developments: the new environmental impact assessment (EIA) regime (2010 regulations) several amendments to the National environmental management act and other environmental legislation the new National environmental management: waste act the new National environmental management: Integrated coastal management act several important developments in delegated legislation numerous new cases, including the far-reaching Fuel Retailers decision in the Constitutional Court.
Human dignity, the achievement of equality and the advancement of human rights and freedoms are core principles in education in South Africa. The public school system in South Africa is large, diverse and every situation that arises in a school is governed by acts, regulations and policies. Every role player in education needs to know and understand the legal aspects pertaining to the basic rights and duties of all interested parties. The law of education in South Africa attempts to make school law accessible by interpreting acts and legal precedents dealing with the multitude of issues occurring in a new democratic country that in its supreme Constitution, guarantees that everyone has the right to a basic education. The law of education in South Africa analyses acts, regulations and case judgments with the purpose of providing a legal framework guiding the actions of education managers and school governors in protecting the human rights of everyone involved in education. Beyond constitutional law, South Africa has a mass of laws and legal precedents pertaining to education in general, labour relations in education and the protection of the safety and the best interests of children exercising their right to a basic education. The law of education in South Africa will be of interest to academics working in the sphere of education, post-graduate students, school principals, educators, parents and other stakeholders who support the notion that “a child’s best interests are of paramount importance in every matter concerning the child” (Constitution, section 28(2)).
Understanding Social Security Law deals with key elements of social security in its various facets, both private and public measures. Social security is defined and different elements such as social insurance, social assistance, pensions and unemployment insurance are set out. Relevant case law is explained for the reader. Selected comparative social security trends elsewhere, including developments in the Southern African Development Community (SADC) are also mentioned. The book aims to present some relevant aspects of this growing area of the law and labour market policy in an accessible way. Key point summaries of law and frequently asked questions (FAQs) are covered to aid understanding. The authors are highly regarded labour law practitioners and academics who have published extensively in this field.
Most planning degrees at South African universities include a compulsory course in planning law. This is usually the first time that planning students encounter law as a discipline. Planning students therefore need to familiarise themselves with sources such as the Constitution, legislation and court decisions. The Planning Law Casebook seeks to assist students in this regard. Understanding how to use, interpret and apply case law is perhaps the most difficult aspect of planning law. Part I of the Planning Law Casebook describes the different parts of a typical court case. Part II briefly explains how the Casebook should be used. Part III contains discussions and analyses of 18 key planning law cases, which reflect the different components of current planning law. Part IV is a glossary in which the relevant legal concepts and terminology are defined. Part V includes extracts from applicable legislation. Part VI provides examples of typical planning documents, such as a deed of transfer, a notice of the removal of a restrictive condition or rezoning, and a part of a schedule to a town planning scheme indicating one of the zoning categories.
Women and Cyber Rights in Africa explores the challenges faced by African women in cyberspace, highlighting the exacerbation of gender inequalities by emerging technologies. Authored by African female researchers, it employs multidisciplinary approaches and Afro-feminist theories to discuss biases, stereotypes, and the impact of patriarchal structures. The book addresses limited digital literacy, gendered cyber-criminality, and inadequate gender-sensitive policies. It aims to spur effective policy development and further research on African women's cyber rights.
The containment of pollution by physical defenses is the first step in restoring the ocean to its natural state. The first two chapters of Oil Spill Studies: Healing the Ocean, Biomarking and the Law describes the feedback on seven experiments made on the East Atlantic Ocean. The first chapter concerns semi-open sites while the second focuses on open environment directly linked to the ocean. The third chapter examines pollution from a French harbor marina and its effects on the local biodiversity. The book provides a methodology to quantify biological contamination coming from heavy metal releases into the environment. Chapter four provides the state-of-the-art in the science of a mid-depth-living fish species affected by the treatment of oil pollution by chemical dispersion. In a similar way, the fifth chapter addresses new explored and exploited ocean with extreme environments such as the Arctic and deep sea. The sixth and final chapter provides a lawyer's analysis on the subject.
The Limits of Criminal Law shines light from the outer edges of the criminal law in to better understand its core. From a framework of core principles, different borders are explored to test out where criminal law's normative or performative limits are, in particular, the borders of crime with tort, non-criminal enforcement, medical law, business regulation, administrative sanctions, counter-terrorism and intelligence law.The volume carefully juxtaposes and compares English and German law on each of these borders, drawing out underlying concepts and key comparative lessons. Each country offers insights beyond their own laws. This double perspective sharpens readers critical understanding of the criminal law, and at the same time produces insights that go beyond the perspective of one legal tradition.The book does not promote a single normative view of the limits of criminal law, but builds a detailed picture of the limits that exist now and why they exist now. This evidence-led approach is particularly important in an ever more interconnected world in which different perceptions of criminal law can lead to profound misunderstandings between countries. The Limits of Criminal Law builds picture of what shapes the criminal law, where those limits come from, and what might motivate legal systems to strain, ignore or strengthen those limits. Some of the most interesting insights come out of the comparison between German systematic approach and doctrinal limits with English laws focus on process and judgment on individual questions.
The Globalization of Health Care is the first book to offer a
comprehensive legal and ethical analysis of the most interesting
and broadest reaching development in health care of the last twenty
years: its globalization. It ties together the manifestation of
this globalization in four related subject areas - medical tourism,
medical migration (the physician "brain drain"), telemedicine, and
pharmaceutical research and development, and integrates them in a
philosophical discussion of issues of justice and equity relating
to the globalization of health care.
Patently innovative provides a review of the importance of
traditional patent law and emerging linkage regulations for
pharmaceutical products on the global stage, with a focus on the
linkage regime in Canada. The primary focus is on how innovation in
the pharmaceutical sector can be strongly regulated and how
government regulation can either stimulate or inhibit development
of breakthrough products.
Written by a specialist team of academics, judges and practising lawyers from the UK and abroad under the editorial direction of Dr Nicole Moreham and Sir Mark Warby, The Law of Privacy and the Media gives expert guidance for practitioners working on cases relating to privacy and the media, and will be of value to academics with an interest in this field. The first two editions of this book quickly established themselves as the leading reference works on the rapidly developing law of privacy in England and Wales. They have been frequently referred to in argument in privacy cases, and extracts have been cited with approval in judgments of the High Court and Courts of Appeal. Following the Leveson Inquiry, the laws and regulations governing the English media have come under intense scrutiny. This work has been revised and updated to incorporate discussion of both those debates and the continually changing landscape of privacy protection. The book offers an overview of English media privacy law, outlining key legislation and legal rules. It includes comparative perspectives and addresses current debates about the form and scope of modern privacy protection. The Law of Privacy and the Media provides detailed but accessible chapters on the various forms of wrongful publication of personal information, as well as intrusion into physical privacy, before considering justifications and defences, remedies and the procedure to be followed in such cases. This edition includes new chapters giving separate consideration to new media and harassment by publication. The Law of Privacy and the Media is essential reading for all those who act for or against the media or who have a general interest in the subject.
Regularly amended and updated since its entry into force, this agreement contains the conditions under which dangerous goods may be carried internationally. This revised version is based on amendments applicable as from 1 January 2023.
The emergence of Shaken Baby Syndrome (SBS) presents an object lesson in the dangers that lie at the intersection of science and criminal law. As often occurs in the context of scientific knowledge, understandings of SBS have evolved. We now know that the diagnostic triad alone does not prove beyond a reasonable doubt that an infant was abused, or that the last person with the baby was responsible for the babys condition. Nevertheless, our legal system has failed to absorb this new consensus. As a result, innocent parents and caregivers remain incarcerated and, perhaps more perplexingly, triad-only prosecutions continue even to this day. Flawed Convictions: Shaken Baby Syndrome and the Inertia of Injustice is the first book to survey the scientific, cultural, and legal history of Shaken Baby Syndrome from inception to formal dissolution. It exposes extraordinary failings in the criminal justice systems treatment of what is, in essence, a medical diagnosis of murder. The story of SBS highlights fundamental inadequacies in the legal response to science dependent prosecution. A proposed restructuring of the law contends with the uncertainty of scientific knowledge.
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
Realising the Right to Basic Education examines the crucial roles of civil society and the courts in developing the right to education in South Africa amid substantial and persistent inequalities in education provisioning. Unlike other socio-economic rights in the Constitution, the right to basic education is framed as an unqualified right - it is not subject to qualifiers such as 'progressive realisation' and 'within the state's available resources'. Yet, two and a half decades into South Africa's constitutional democracy, the apartheid legacy of unequal education still lingers. Poor, predominantly black learners continue to attend historically disadvantaged schools that are often severely under-resourced, producing poor learner outcomes. This has given rise to a wave of civil society activism since around 2008 - and organisations have been utilising legal mobilisation as a key tool to effect change in historically disadvantaged schools. The litigation initiated by these organisations has contributed to a rich and evolving jurisprudence on the right to basic education as a substantive right. However, in a significant number of these cases, the relevant education departments have not complied with court orders, requiring litigants to seek increasingly innovative, experimentalist and even coercive remedies to ensure that judgments are implemented. Realising the Right to Basic Education presents an overview of these education-provisioning cases and the roles played by civil society and the courts. It analyses the contribution of these two role-players in the normative development of the right to basic education. The book also aims to identify a viable framework for interpreting the right to basic education - one that can guide South Africa towards adequate education provisioning and, ultimately, facilitate transformation of basic education in South Africa's historically disadvantaged schools.
What is the legacy of Brown vs. Board of Education? While it is
well known for establishing racial equality as a central commitment
of American schools, the case also inspired social movements for
equality in education across all lines of difference, including
language, gender, disability, immigration status, socio-economic
status, religion, and sexual orientation. Yet more than a half
century after Brown, American schools are more racially separated
than before, and educators, parents and policy makers still debate
whether the ruling requires all-inclusive classrooms in terms of
race, gender, disability, and other differences.
As most Americans know, conflicts of interest riddle the US health
care system. They result from physicians practicing medicine as
entrepreneurs, from physicians' ties to pharma, and from
investor-owned firms and insurers' influence over physicians'
medial choices. These conflicts raise questions about physicians'
loyalty to their patients and their professional and economic
independence. The consequences of such conflicts of interest are
often devastating for the patients--and society--stuck in the
middle.
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