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Item Open Access Cautioning the careless writer: the importance of accurate and ethical legal writing(Faculty of Law, University of the Free State, 2014) Van der Merwe, S.English: Legal professionals are required to write ethically, skilfully and accurately. Growing concerns over the quality of graduated students entering the profession has led to an increased sensitivity about the teaching of writing skills. This article will not consider the how to, but instead focus on the issue of why legal writers should be vigilant in guarding against the proclivity to write in a careless manner. It will be argued that the results of careless legal writing could have devastating consequences for the legal professional’s career as well as his client’s wallet. Legal writing has to be professional and ethical and reflect the writer’s respect for his or her own workmanship as well as for the intended recipient. Careful legal writing aims to avoid misunderstandings and litigation and aids in developing and clarifying legal analysis. It recognises the permanent nature of what is being written and the persuasive potential innate to legal drafting. Responsible legal writers are mindful of the specific legal consequences of their writing and recognise that they have, in their writing, the ability to appeal to the aesthetic sensibilities of the reader.Item Open Access Critical cross‑field outcomes: a Rortian view on why and how to teach jurisprudence in South Africa in the 2010s(Faculty of Law, University of the Free State, 2014) Roos, R.English: Higher education authorities strive towards a transformed, democratic, non‑racist, non‑sexist system which will, inter alia, promote a democratic ethos and human rights culture through educational programmes and practices that will foster creative thinking, cultural tolerance and a collective commitment to reach the ideals of a humane, non‑sexist and non‑racist society. The critical cross‑field outcomes that must be demonstrably achieved by any programme approved in terms of the National Qualifications Framework echo these ideals. Law faculties typically refer to their Jurisprudence modules to demonstrate compliance with the requirements that students should understand the world as a set of related systems and be sensitive to different cultures, meanings and perceptions across a range of social contexts. However, the design and presentation of such modules should be reconsidered. It is argued that the ideas of the liberal pragmatist Richard Rorty (1931‑2007) provide valuable insights into these aspects and that a new justification for inclusion of Jurisprudence in law curricula is, in fact, established through it.Item Open Access Clinical legal education: the assessment of student collaboration and group work(Faculty of Law, University of the Free State, 2014) Du Plessis, M. A.English: Clinical legal education (CLE) should be a mandatory or core course in the LLB curriculum and the focus of a university law clinic must be CLE, namely student training. A recurring assessment challenge is large student numbers. The best solution was found in grouping students together in student firms for collaborative work; this also has strong educational benefits. When assessing students working in collaboration, a fair assessment strategy must be employed, as all group members receive the same mark. Clinicians must develop and implement clear grading criteria, in the form of rubrics, which will enable them to grade numerous assignments consistently and fairly. Peer and self‑assessment are considered to allow for individual marks in addition to the group mark. Models of firm and group‑work assessment and marking criteria are suggested. The use of both collaboration and rubrics can simplify the grading process, which allows clinicians to conduct multiple assessments and feedback consistently and fairly. Samples of a number of rubrics and surveys are provided.Item Open Access Some manifestations of the statutory recognition of a partnership as an entity(Faculty of Law, University of the Free State, 2014) Henning, J. J.English: The general rule in South African law is that a partnership has no existence in itself distinct from the partners of which it is composed. A brief analysis of South African legislation, however, reveals a significant number of instances departing from the general rule to some extent. This leads to a conclusion that, notwithstanding the general rule, whether or not a partnership can be treated as a mere aggregate of individuals or a “juristic person”, “entity”, “person”, “private body” or the like for purposes of a particular statutory provision is a matter of careful interpretatio Afrikaans: Die algemene reël in die Suid‑Afrikaanse reg is dat ’n vennootskap geen afsonderlike bestaan het van die vennote nie. ’n Bondige ontleding van Suid‑Afrikaanse wetgewing toon egter ’n beduidende getal gevalle waar van die algemene reël, in die een of ander opsig, afgewyk word. Dít kan ’n gevolgtrekking regverdig dat, ondanks die algemene reël, dit telkens ’n sorgvuldige uitleg vereis om vas te stel of ’n vennootskap vir die doeleindes van ’n sekere statutêre bepaling as ’n blote versameling individue of eerder as ’n “regspersoon”, “entiteit”, “persoon”, “privaat liggaam” of iets soortgelyks beskou moet word.