JJS 2007 Volume 32 Issue 2

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  • ItemOpen Access
    Thomas Aquinas oor die aborsie-debat en die Kerk magesterium
    (Faculty of Law, University of the Free State, 2007) Swartz, N. P.
    English: Thomas of Aquino’s exchange of ideas and the church magesterium present an ex h a ustive overv i ew for the implementation of the dignity of human life.The result of such an exchange of ideas causes the church magesterium to oppose every threat to human life from the moment of conception. The threat to human life is most intense at the point where life begins — at that stage where it is at its most defenceless. It is, for example, pre-natal. It is at this moment when humans are totally dependent on the goodwill and care of others. The church magesterium attempts to have an awareness of a “culture of life” take hold in civil society. By having created the human soul, God clothed humans in godliness. Human life, therefore, has a sacred and inviolable quality. The inviolate quality of human life is guaranteed by the Constitution of South Africa. It guarantees the equality of all in law, also that of the fo e t u s.Should there be any violation of this right, it would have farreaching implications for political civil society. Humankind is obliged to respect life. It expresses humankind’s relationship to fellow-man: and it is valid from the first moment of conception through to adulthood. The foetus also is a fe l l ow human being and his or her rights should be respected just as the case would be with every other human being.
  • ItemOpen Access
    Trade mark parody in South Africa - the last laugh!
    (Faculty of Law, University of the Free State, 2007-12) Deacon, J.; Govender, I.
    English: This article endeavours to find the balance (if any) in South African law between the rights of trade mark owners from infringement of their trade marks, and the constitutional right to free expression (with particular reference to parody) in a society that advocates the values of democracy and freedom. As intellectual property, registered trade marks deserve the protection of the law, a careful balancing act between property rights and fundamental freedoms must be performed to determine if one outweighs the other. In this regard Laugh It Off Promotions CC v South African Breweries International will be discussed. The position of parody in South African trade mark law desperately needs to have a last laugh, once and for all.