718 publication(s) trouvée(s)
Article scientifique
Inhabiting the Ruins of the City of Tshwane
In the inner city of Tshwane stand the skeletons of four high-rise buildings – the remains of Schubart Park. While …
Article scientifique
Contract from the Margins: The Becoming of a Minor Jurisprudence in the Minority Judgment of Froneman, J in Beadica 231 CC v Trustees for the time being of the Oregon Trust 2020 5 SA 247 CC
This article explores the meaning of minor jurisprudence in the work of leading authors on the subject and concludes that …
Article scientifique
Going Against the Grain – Justice Froneman as Subversive (Legal) Historian
My tentative argument in this piece is that Justice Johan Froneman's engagement with history can be read as "subversive" and …
Article scientifique
Bengwenyama Minerals (Pty) Ltd v Genorah Resources (Pty) Ltd: Johan Froneman, the Transformation of Property Law and the Virtue of Small Things
In this article in honour of Justice Johan Froneman, I consider an early judgment of his on the Constitutional Court, …
Article scientifique
Compensation as Radical Transformation
This paper draws on the concurring judgment of Froneman J in Agri SA to articulate a "new and fresh approach" …
Article scientifique
A Legal Conundrum - The Duty to Reasonably Accommodate: A Comment on Legal Aid South Africa v Jansen 2020 41 ILJ 2580 (LAC)
Persons with disabiliites are a historically marginalised minority, but they do possess the capacity to make a valuable contribution in …
Article scientifique
Securities Markets and Their Regulation in Zambia: A New Dawn or a Rebranding of the Old Norms?
Securities markets are a barometer for the economic progression of any country. The quest to harness the maximum benefits that …
Article scientifique
Plugins and POPI: A Critical Discussion into the Legal Implications of Social Plugins and the Protection of Personal Information
Social plugins are one of the many trackers used by companies with an online presence. However, under the Protection of …
Article scientifique
The Constitutional Case Against the Mandatory Vaccine Policy — An Interdisciplinary South African Perspective
In this article, I rethink the perceived/received wisdom of the mandatory vaccine policy which has been punted so ardently, largely …
Article scientifique
The Concept of Social Justice in Mine-Host Community Involvement and Benefit Accrual: Reflections from Mineral Extraction in Zimbabwe
Minerals play a vital role in societal and economic growth. As finite and non-renewable resources, minerals inevitably diminish upon extraction. …
Compte rendu de lecture
Book Review: Linguistics for Legal Interpretation Terrence R Carney (UJ Press Auckland Park 2023)
This contribution provides a review of the publication: “Linguistics for Legal interpretation” written by Prof TR Carney
Article scientifique
Can Language Prevent Flexible SCR Calculations? New Duties for Auditors in The Prudential Authority v Constantia Insurance Company Limited, Gauteng Local Division, Johannesburg, Case Number 2022-19765
This article analyses the importance of the solvency capital requirement (hereafter SCR) and the minimum capital requirement (hereafter MCR) formulae …
Article scientifique
The Role of Public Policy in King v De Jager (CCT 315/18) [2021] ZACC 4 (19 February 2021)
In King v De Jager (CCT 315/18) [2021] ZACC 4 (19 February 2021), the Constitutional Court considered whether a discriminatory …
Article scientifique
Including Children's Views in Divorce Mediation: A Comparative Analysis and Recommendations or Kenya
It is important that the views of children be considered during the process of their parents' divorce. Parental divorce mediation …
Article scientifique
Translating Educational and Cultural Literacy Works under Berne, Ius Cogens, and Linguistic Genocide
The lack of works for educational and cultural literacy purposes in their own languages threatens the cultural survival of many …
Article scientifique
Mapping the Common Law Development of Physician- Administered Euthanasia and Physician-Assisted Suicide against the Background of the Application of the Bill of Rights
The Pretoria High Court is considering whether to recognise a right to physician-assisted death. This is a right to request …
Éditorial
Editorial: Celebrating the Legacy of Professor Willemien du Plessis in Legal History
Not applicable
Article scientifique
Chief Justice Coke: Common Law v Royal Absolutism
In this contribution Chief Justice Coke's character and contribution to the development of the English law are considered. More specifically …
Article scientifique
Innovative Approaches to the Division of an Inheritance in a Deceased Estate: Lessons from the Babylonians 2000-1600 BCE
This article provides insights into the legal and social contexts surrounding inheritance divisions in both Old Babylonian and South African …
Article scientifique
Transformative Legal History and the (Re)Classification of the South African Law of Delict
The South African law of delict is traditionally classified as a private-law discipline. This classification is usually made with reference …