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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Private Law and Human Rights: Bringing Rights Home in Scotland and South Africa

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Edited by: Elspeth Reid, Daniel Visser

ISBN13: 9780748684175
Published: June 2013
Publisher: Edinburgh University Press
Country of Publication: Scotland
Format: Hardback
Price: £120.00

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Scotland and South Africa are mixed jurisdictions, combining features of common law and civil law traditions. Over the last decade a shared feature in both Scotland and South Africa has been a new intense focus on human rights. In Scotland the European Convention on Human Rights now constitutes an important element in the foundation of all domestic law. Similarly, the Constitution of the Republic of South Africa, adopted in 1996, has as its cornerstone a Bill of Rights that binds not only the legislature, the executive, the judiciary and all organs of state, but also private parties. Of course the "constitutional moments" from which these documents sprang were very different and the Scottish and South African experience in some aspects could not be more dissimilar. Yet in many respects the parallels are close and compelling. This book, written by experts from both jurisdictions, examines exactly how human-rights provisions influence private law, looking at all branches of the subject. Moreover, it gives a unique perspective by comparing the approach in these kindred legal systems, thus providing a benchmark for both.

Key Features:

  • Twenty comparative case studies in private law and human rights
  • A challenging collaboration between South African and Scots Universities
  • Considers the impact of a bill of fundamental human rights upon the legal relationships between private individuals

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South Africa, Human Rights and Civil Liberties, Scots Law, Other Jurisdictions
Contributor List
Chapter 1: Introduction, Elspeth Reid and Daniel Visser
Chapter 2: Private Law in the Age of Rights, Francois Du Bois
Chapter 3: The Politics of Private Law: Sexual Minority Freedom in South Africa and Scotland, Jaco Barnard-Naude
Chapter 4: Child Law: Respecting the Rights of Children, Elaine E Sutherland
Chapter 5: Property Deprivation of an Absentee in Emulation of the Laws of Succession: The Laws of Scotland and South Africa Compared, Roderick R M Paisley
Chapter 6: The Right to Personal Security, Anton Fagan
Chapter 7: Privacy, F D J Brand
Chapter 8: Defamation and Freedom of Expression, Jonathan Burchell
Chapter 9: Strict Liability, Max Loubser
Chapter 10: Liability of Public Authorities and Public Officials, John Blackie
Chapter 11: Nuisance, Hanri Mostert
Chapter 12: Contract Law and Human Rights, Peter Webster
Chapter 13: Principles, Policy and Practice: Human Rights and the Law of Contract, Sheldon Laing and Daniel Visser
Chapter 14: Juristic Persons and Fundamental Rights, Ross Gilbert Anderson
Chapter 15: Examining the Labour Law & Social Dimension of Human Rights: The UK & South Africa, David Cabrelli
Chapter 16: Rights in Security, Andrew J M Steven
Chapter 17: Access to credit, the law of suretyship and unfair suretyships, J T Pretorius
Chapter 18: The Human Right of Property in Land Law: Comparing South Africa and Scotland David Carey Miller
Chapter 19: The Margin of Appreciation Doctrine of the European Court of Human Rights: Protection of Ownership and the Right to a Home
J M Milo
Chapter 20: Environment and Human Rights: The Right to Water in South Africa and Scotland, Loretta Feris and John Gibson.