Historical Foundations of South African Private Law

Historical Foundations of South African Private Law PDF Author: Ph. J. Thomas
Publisher: Butterworth-Heinemann
ISBN:
Category : Law
Languages : en
Pages : 436

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Historical Foundations of South African Private Law

Historical Foundations of South African Private Law PDF Author: Ph. J. Thomas
Publisher: Butterworth-Heinemann
ISBN:
Category : Law
Languages : en
Pages : 436

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Foundations of South African Law

Foundations of South African Law PDF Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 348

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Foundations of the South African law of defamation

Foundations of the South African law of defamation PDF Author:
Publisher:
ISBN:
Category :
Languages : nl
Pages : 183

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The Selfless Constitution

The Selfless Constitution PDF Author: Stu Woolman
Publisher: African Books Collective
ISBN: 1920033793
Category : Law
Languages : en
Pages : 582

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Book Description
Do you possess 'freedom'-the will to do as you choose-as an individual, as a participant in social affairs or as a citizen in the political realm? Well, no. Not really. At least not as most of us understand a term loaded down with metaphysical baggage. Don't worry. You've got something better: a neurological system capable of carrying out the most complex analytical and computational tasks; membership in innumerable communities that provide you with huge stores of knowledge and wisdom; and a politico-constitutional order that ought to provide the material and the immaterial conditions that will enable you to pursue a life worth valuing. Drop the simplistic folk-psychology of unfettered freedom, whilst holding on to intentionality, and you might be inclined to adopt a set of social practices and political arrangements that enhance the chances that you and your compatriots will flourish. As many recent studies of consciousness reveal our neurological systems are complex feedback mechanisms designed to create myriad for trial and error and (if you survive) the production of new stores of knowledge. Individuals-comprised of numerous radically heterogeneous, naturally and socially determined selves-are always experimenting, attempting to divine through reflection and action, what 'works' best: even when 'best' means fully embracing who we already are. Choice architects, those persons charged with constructing the environments within which we operate daily, should (if responsible) regularly run experiments that attempt to eliminate biases, and ultimately, deliver norms that nudge us away from negative defaults toward more optimal ends. A constitutional democracy, made up of millions of radically heterogeneous, densely populated individuals, constantly strives to determine what works best for most of its many constituents. Because South Africa's Constitution states (at an extremely high level of generality) only some of the norms that govern our lives, it remains for citizens, representatives and judges to create doctrines and institutions that serve its capaciously framed ends best. After canvassing the relevant literature in neuroscience, empirical philosophy, behavioural psychology, social capital theory, development economics, and emergent experimental governance, this work suggests that manifold experiments in living that fall within the accepted parameters of our shared constitutional norms are likely, over time, to produce more optimal ways of being that can be replicated by other members of our polity. Our reflexive stance toward best practices-a linchpin of this book's take on experimental governance-when inextricably linked to a commitment to flourishing and to the expansion of individual capabilities, should cause us to alter the content of the fundamental norms that shape our lives and bind us to one another. A political order founded upon experimental constitutionalism and flourishing promises an egalitarian pluralist reformation of South African society. The book spins out its novel thesis against the concrete backdrop of political arrangements and judicial doctrines that have emerged during the first 20 years of our truly vibrant constitutional democracy. Its trenchant analysis of political institutions and constitutional case law shows us how far we have come, and how far we still have to go.

Foundations of the South African Law of Defamation

Foundations of the South African Law of Defamation PDF Author: Bhadra Ranchod
Publisher:
ISBN: 9789060211489
Category : Libel and slander
Languages : en
Pages : 181

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Foundations of the South African law of defamation. Proefschrift, etc

Foundations of the South African law of defamation. Proefschrift, etc PDF Author: Bhadra Ranchod
Publisher:
ISBN:
Category :
Languages : nl
Pages : 207

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Judges, Social Rules and the Constitution

Judges, Social Rules and the Constitution PDF Author: Nicholas Friedman
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Introduction to the Law of South Africa

Introduction to the Law of South Africa PDF Author: C. G. Van der Merwe
Publisher: Kluwer Law International B.V.
ISBN: 9041122826
Category : Law
Languages : en
Pages : 586

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Book Description
This title is part of an established Series which introduces various legal systems of the world. It provides an authoritative and accessible overview of the main branches of South African public, private and commercial law. Offering insight into the rich system of South African law, this title will be of particular interest to the international legal community. The South African legal system has not only developed fascinating mixtures of civil law and common law rules over more than a century, but has also experienced a post-apartheid South Africa. Of particular interest is the way in which so many branches of law have been infused by basic constitutional values. Many of the contributors have published work in their own fields and have considerable experience of presenting their subject matter in a broader comparative perspective. The succinct and balanced nature of the contributions makes this title attractive to a wide audience of academics, students and practitioners with an interest in this remarkable legal system.

The Foundations of Freedom

The Foundations of Freedom PDF Author: Denis Victor Cowen
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 284

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Economic Foundations of International Law

Economic Foundations of International Law PDF Author: Eric A. Posner
Publisher: Harvard University Press
ISBN: 0674067630
Category : Law
Languages : en
Pages : 383

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Book Description
Exchange of goods and ideas among nations, cross-border pollution, global warming, and international crime pose formidable questions for international law. Two respected scholars provide an intellectual framework for assessing these problems from a rational choice perspective and describe conditions under which international law succeeds or fails.