JJS 2006 Volume 31 Issue 1
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The protection of prisoners’ rights to health care services in South African law: is it adequate?
(Faculty of Law, University of the Free State, 2006)English: A recent newspaper article1 depicted a dismal picture of the situation behind the walls of the largest prison in the Southern hemisphere. It was revealed that at least four prisoners die of HIV/AIDS at Westville ... -
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. ... -
An international perspective of restorative justice practices and research outcomes
(Faculty of Law, University of the Free State, 2006)English: Restorative justice is not a new concept as it was the dominant criminal justice model in ancient Greek, Roman and Arab civilisations as well as indigenous communities in South Africa, Australia, New Zealand and ... -
The mixed legacy underlying Rawls’s Theory of justice
(Faculty of Law, University of the Free State, 2006)English: The Theory of justice advanced by Rawls must be understood within the context of factual legal approaches (such as positivism and pragmatism) that eliminated normative considerations. By contrast, Rawls argues ... -
Kafka’s African nightmare — bureaucracy and the law in pre- and post-apartheid South Africa
(Faculty of Law, University of the Free State, 2006)English: This article sets out to examine the legal system of both pre and post-apartheid South Africa, through the lens of Franz Kafka’s seminal novel “The Trial”. The central contention of the article is that Franz ... -
Polygyny and HIV/AIDS: a health and human rights approach
(Faculty of Law, University of the Free State, 2006)English: Concurrent sexual networks have been identified in empirical studies as significantly amplifying rates of HIV transmission in comparison to sequential monogamy or sporadic sexual encounters. This paper examines ... -
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 ...
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