Browsing Journal for Juridical Science by Title
Now showing items 1-20 of 185
-
Access to housing in South Africa: an overview of dimensions and mechanisms
(Faculty of Law, University of the Free State, 2011)English: The historical background of influx control, group areas and the regulation of unlawful occupation of land (squatting), explain, to some extent, why unlawful occupation of land and informal settlements are still ... -
Addressing domestic violence: to what extent does the law provide effective measures?
(Faculty of Law, University of the Free State, 2004)English: The high incidence of domestic violence in South Africa calls for a competent legal response. The Constitution as well as international human rights conventions oblige the state to protect human rights, including ... -
Advantages and disadvantages of partial codification of directors’ duties in the South African Companies Act 71 of 2008
(Faculty of Law, University of the Free State, 2016)This article offers a critical examination of partial codification and its effect on the interpretation of the directors’ standard of conduct provision. Previously, the fiduciary duties and the duty of care and skill ... -
Application of the international classification of functioning, disability and health with specific focus on disabling hearing impairment in legislation and policy in South Africa
(Faculty of Law, University of the Free State, 2012)English: Disability legislation faces two potentially contradictory perceptions. Persons with disabling hearing impairment (DHI) are committed to eradicating discriminatory attitudes and practices, and removing barriers ... -
Are the restrictive provisions of sections 2(1)(c) and 5(5)(b) of the Choice on Termination of Pregnancy Act 92 of 1996 unconstitutional?
(Faculty of Law, University of the Free State, 2006)English: Sections 2(1)(c) and 5(5)(b) of the Choice on Termination of Pregnancy Act 92 of 1996 only allow a termination after the 20th week of gestation on very limited grounds. No provision is made for terminations of ... -
Are the rights of the disabled a reality in South Africa? Part One
(Faculty of Law, University of the Free State, 2003-12)English: For a long time the rights of disabled persons have been ignored not only in South Africa, but also in the rest of the world. There are many disabled persons who can participate on an equal level with able-bodied ... -
Are the rights of the disabled a reality in South Africa? Part two
(Faculty of Law, University of the Free State, 2004-06)English: For a long time the rights of disabled persons have been ignored not only in South Africa, but also in the rest of the world. There are many disabled persons who can participate on an equal level with able-bodied ... -
Artikel 6 van die Wet op Binnekennistransaksies - 'n groepsgeding of aksie in die openbare belang vir die regulering van binnekennistransaksies?
(Faculty of Law, University of the Free State, 2001)English: The Constitution introduced the concept of a class action in the South African legal system in 1993. The Constitution however limited the use of class actions to rights enshrined in the Constitution. The constitutional ... -
Assessment challenges in the clinical environment
(Faculty of Law, University of the Free State, 2009)English: The assessment of students’ performance in the clinical legal education course presents a challenge for a variety of reasons. Factors to be considered are large student numbers, language barriers, a large and ... -
An assessment of life sentence without parole for people convicted of killing police officers on duty in South Africa
(Faculty of Law, University of the Free State, 2017)Like many societies, South Africa seeks to respond to the increasing killing of police officers, by exploring possible tough sentences. This article shows that sentencing does not take place in a socio-historical vacuum. ... -
Die bepaling van die ‘sentrum van hoofbelange’ by oorgrens insolvensies: is die Parmalat-benadering voldoende om die behoeftes van moderne handel te bevredig?
(Faculty of Law, University of the Free State, 2011)English: Despite various viewpoints on the determination of the centre of main interest (COMI), the legal question in this investigation is whether, and to what extent, the approach in In re Eurofood IFSC Ltd (the Parmalat ... -
Book Review: Religion and the exercise of public authority
(Faculty of Law, University of the Free State, 2017) -
Breach of confidentiality and the duty to warn in medical law: examples from clinical psychiatry
(Faculty of Law, University of the Free State, 2006)English: This article addresses various factors involved in the tension that may arise between breach of confidentiality on the one hand, and dereliction of the duty to warn, on the other, in the context of medical law. ... -
'But, where is the halaal food?' An appraisal of diversity teaching in clinical law programmes in South African clinics
(Faculty of Law, University of the Free State, 2008)English: South Africa is renowned for its racial, cultural, linguistic and ethnic diversity. Our new democratic dispensation further aims to affirm this diversity, both in terms of the values underlying the Constitution ... -
The case for economic hardship in South Africa: lessons to be learnt from international practice and economic theory
(Faculty of Law, University of the Free State, 2011)English: Although most leading legal systems provide for some form of legal relief in the case of economic hardship, South African law still does not address the issue of changed circumstances beyond that of objective ... -
Cautioning the careless writer: the importance of accurate and ethical legal writing
(Faculty of Law, University of the Free State, 2014)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 ... -
Celebrating the common law rights of man - a note on Blackstone's work on natural law and natural rights: chronicles
(Faculty of Law, University of the Free State, 2009-12)William Blackstone's (1723-1780) Commentaries, a four-volume work, the first edition of which appeared in 1765, was produced in an epoch of natural law theory which marked the transition from "justification" to the ... -
Change to the age of majority: general impact and some consequences for the interpretation of wills
(Faculty of Law, University of the Free State, 2009-12)On 1 July 2008, the age at which a person attains majority was lowered from 21 years to 18 years. Section 17 of the Children's Act stipulates that : "A child,whether male or female, becomes a major upon reaching the age ... -
Die Civil Union Act, Draft Domestic Partnership Bill en moontlike deregulering van die huwelik
(Faculty of Law, University of the Free State, 2009)English: The Civil Union Act 17/2006 is compared to the Marriage Act 25/1961 to determine whether similar life partnerships should be regulated by more than one act. Thereafter the Draft Domestic Partnership Bill is ... -
Clinical legal education: Identifying required pedagogical components
(Faculty of Law, University of the Free State, 2015)English: Clinical legal education is mainly a practical course, although it includes training in the substantive law. University law clinics generally have to satisfy two main objectives, namely teaching of students and ...