Browsing PER: 2013 Volume 16 No 3 by Issue Date
Now showing items 1-12 of 12
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Legal research methodology and the dream of interdisciplinarity
(2013)There are increasing calls for academics to abandon "traditional" disciplinary research and to engage in multi-, inter- and transdisciplinary research. The argument is that this will serve to break down working in "silos" ... -
The unilateral determination of price - a question of certainty or public policy?
(2013)The unilateral determination of price has been a controversial issue for an extended period of time. During the 1990s the Supreme Court of Appeal asked if the rule should still form part of South African law. Specifically, ... -
The sexual orientation of a parent as a factor when considering care
(2013)Section 28(2) of the Constitution states that a child's best interest is of paramount importance in every matter concerning the child. Section 9 further provides that every person is considered equal before the law and has ... -
The impact of the National Credit Act 34 of 2005 on the enforcement of a mortgage bond: Sebola v Standard Bank of South Africa ltd 2012 5 SA 142 (CC)
(2013)When a mortgagor is in default and the mortgagee wants to enforce the debt the National Credit Act (hereafter the NCA) may apply. A credit agreement may be enforced in court by a credit provider against a defaulting debtor ... -
All roads lead to property: Pashukanis, Christie and the theory of restorative justice
(2013)Nils Christie is acknowledged generally as the theoretical founding father of restorative justice. Evgeny Pashukanis may be taken as the premier Marxist theoretician of law. This essay represents an endeavour to read ... -
Chaos in family law: a model for the recognition of intimate relationships in South Africa
(2013)The chaos theory is utilised in a metaphorical manner to describe the current state of family law and more specifically law regulating intimate relationships in South Africa. A bird's eye view of the law of intimate ... -
The rights granted to trade unions under the Companies Act 71 of 2008
(2013)With the entering into force of the Companies Act 71 of 2008 in 2011 a number of rights were granted to trade unions by the act. The Companies Act 71 of 2008 not only grants rights to registered trade unions, as is the ... -
Address to commemorate the 2013 Martin Luther King day at the Law Faculty, University of Michigan
(2013)The paper commences by considering the similarity between Dr King, MK Gandhi and Nelson Mandela and argues that they are high mimetic figures who inspire us to be better. Their legacy and memory operate as a yardstick by ... -
A human rights-based approach to poverty reduction: the role of the right of access to medicine as an element of the right of access to health care
(2013)The prevention and treatment of infectious diseases remain among the greatest challenges faced by today's developing countries. The World Health Organisation estimates that about one-third of the world's population lacks ... -
Prisoner transfer to South Africa: some of the likely challenges ahead
(2013)Official and unofficial reports indicate that the South African government is in the process of entering into prisoner transfer agreements or making prisoner transfer arrangements. This comes after many years of reluctance ... -
The quest for a supranational entity in West Africa: can the economic community of West African states attain the status?
(2013)To reflect the growing trends in the international scene and in furtherance of the objective of its Revised 1993 Treaty, the Economic Community of West African States (ECOWAS) summit in December 2006 revolutionised the ...
