Browsing PER: 2018 Volume 21 by Title
Now showing items 29-48 of 61
-
Justificatory theories for intellectual property viewed through the constitutional prism
(PER, 2018)In order to determine the extent to which intellectual property rights should enjoy protection under the constitutional property clause, some of the classical and newer justificatory theories for property may be employed, ... -
Laws against strikes – The South African experience in an international and comparative perspective
(PER, 2018)This contribution reviews the book entitled Laws against Strikes – The South African Experience in an International and Comparative Perspective edited by Bob Hepple, Rochelle le Roux and Silvana Sciarra. -
Le Roux v Dey and children's rights approaches to judging
(PER, 2018)The South African jurisprudence on the rights of children is vibrant and generally progressive, and is supported by an enabling constitutional and statutory framework. The majority decision in Le Roux v Dey 2011 3 SA 274 ... -
Leadership, social justice and transformation – inspire a leader
(PER, 2018)Transformation is not impossible. In 1994 there were about 150 judges in this country. Of this number, one was female and one was black. Today there are 227 judges in South Africa, of whom 82 are female and 145 male. 34% ... -
The legal nature of the embryo: legal subject or legal object?
(PER, 2018)This contribution addresses the question regarding the legal nature of a cryopreserved embryo. Such preservation is a relatively modern development in the medical field. Neither Tennessee (USA) law nor European law provides ... -
Maintaining the ecological flows of estuaries: a critical reflection on the application and interpretation of the relevant legal framework through the lens of the Klein River estuary
(PER, 2018)South Africa has 291 functional estuaries of which 43 per cent are threatened. These estuaries provide numerous environmental goods and services to the species situated within and adjacent to them. In an effort to improve ... -
Metaphysical Anthropocentrism, Limitrophy, and Responsibility: An Explication of the Subject of Animal Rights
(PER/PELJ, 2018)This article undertakes a critical analysis of subjectivity and exposes the metaphysical and anthropocentric quasi-transcendental conditions that give rise to the construct(ion) of the Subject. I locate a critical moment ... -
Modderklip revisited: Can courts compel the state to expropriate property where the eviction of unlawful occupiers is not Just and equitable?
(PER / PELJ, 2018)This article examines whether, to give effect to the section 26 constitutional right to adequate housing, courts can (or should) compel the state to expropriate property in instances when it is not just and equitable to ... -
Monkey selfie and authorship in aopyright law: The Nigerian and South African perspectives
(PER/PELJ, 2018)A photograph taken by a monkey is in the centre of a copyright claim in the famous monkey selfie case in the United States of America. Suing as next friend of the monkey, named Naruto, the People for the Ethical Treatment ... -
Moosa IA publish or perish. Perceived benefits versus unintended consequences (2018 Edward Elgar Publishing UK)
(PER / PELJ, 2018)This contribution reviews the book by Imad A Moosa entitled Publish or Perish. Perceived Benefits versus Unintended Consequences published by Edward Elgar Publishing in 2018 -
The national credit act's remedies for reckless credit in the mortgage context
(PER, 2018)The National Credit Act 34 of 2005 prohibits the granting of reckless credit and also provides for certain remedies that courts can grant to consumers who have fallen victim to reckless lending practices. Depending on the ... -
New Developments in International Investment Law: A Need for a Multilateral Investment Treaty?
(PER/PELJ, 2018)This work contributes to the global discussion on the desirability of the multilateral investment treaty to ensure coherence in the way foreign investment is protected across the globe. The paper argues that whereas the ... -
Parental criminal responsibility for the misconduct of their children: a consideration
(PER, 2018)This contribution examines the criminal responsibility that is imposed upon parents for the delinquent acts of their children. As South African law has been swayed by the legal philosophy of Anglo-American jurisprudence, ... -
Pathological corporate governance deficiencies in South Africa's state-owned companies: a critical reflection
(PER, 2018)Globally, states use state-owned companies (SOCs) or public corporations to provide public goods, limit private and foreign control of the domestic economy, generate public funds for the fiscus, increase service delivery ... -
Pericles should learn to fix a leaky pipe – why trial advocacy should become part of the LLB curriculum (Part 1)
(PER, 2018)It is a sad fact that at most university law schools in South Africa, a student can graduate without ever having set foot in a courtroom, and without ever having spoken to, or on behalf of, a person in need of advice or ... -
Pericles should learn to fix a leaky pipe – why trial advocacy should become part of the LLB curriculum (Part 2)
(PER, 2018)The inescapable reality is that most law school graduates are headed for professional life. This means that law schools have some accountability for the competence of their graduates, and thus an educational responsibility ... -
Pre-agreement assessment as a responsible lending tool in South-Africa, the EU and belgium: part 1
(PER, 2018)Responsible lending has become a very pertinent issue on the agenda of credit regulators across the globe who seek to combat the causes of consumer over-indebtedness. In this context the use of "pre-agreement assessment" ... -
Pre-agreement assessment as a responsible lending tool in South-Africa, the EU and Belgium: part 2
(PER, 2018)Responsible lending has become a very pertinent issue on the agenda of credit regulators across the globe who seek to combat the causes of consumer over-indebtedness. In this context the use of "pre-agreement assessment" ... -
Preserving the integrity of medical-related Information – How "Informed" is consent?
(PER/PELJ, 2018)Health care services are recognised as a right. These services are available to "everyone" who needs them. This availability ensures that users, that is, persons who receive treatment in a health establishment or who are ... -
The protection of children's right to self-determination in South African law with specific reference to medical treatment and operations
(PER / PELJ, 2018)The Children's Act 38 of 2005 provides that children over the age of 12 years can consent to their own medical treatment or that of their children, provided they are of sufficient maturity and have the mental capacity ...