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World law
Get PDFIn the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the world\u27s environment and the protection of universal human rights. World law combines inter-state law with the common law of humanity and the customary law of various world communities
’n Verband tussen ontwikkelinge binne filosofiese hermeneutiek en ontwikkelinge in benaderings tot Bybelinterpretasie
Get PDFA link between developments In philosophical hermeneutics and developments in approaches to Biblical interpretationThis article relates to a discussion in Die Kerkblad (mouthpiece of the Gereformeerde Kerke in Suid-Afrika) on Biblical interpretation. First the current situation in Biblical interpretation in South Africa is sketched. Secondly, the developments in philosophical hermeneutics are outlined. In the last instance these two aspects are brought into relation with each other and a suggestion is made for a way in which these aspects could be addressed in future, especially within theological faculties with strong denominational ties
Geregtigheid, billikheid en waarheid in Platoniese en hedendaagse perspektief: Antieke waardes in Suid-Afrikaanse konteks
Get PDFJustice, fairness and truth In Platonic and contemporary perspective: ancient values in South African contextThe concept of justice (dikaiosyne) in the thought of Plato was only one of the four cardinal virtues described by him, the others being wisdom (sophia), restraint (sophrosyne) and courage (andreia). Justice was inevitably linked with fairness or equity (epieikeia), a concept more fully developed by Plato\u27s most famous pupil, Aristotle. It was likewise associated with the concept of truth (aletheia) as a virtue and as part of a purifying process. Later generations ofphilosophers, from Cicero to Rawls, were fascinated by such Platonic and Aristotelian thought, although they interpreted it in various ways. In a changing world many ancient values are as relevant today as they were in the distant past. They are basic to fundamental human rights, which have become so prominent in modern times. They are essential ingredients of peace and reconciliation, as amply recognised in South Africa, which has only recently joined the community of democratic nations and is dependent on instruments, such as its new Bill o f Rights and the Truth and Reconciliation Commission, to achieve transformation
Peacekeeping in Africa: Reflections on developments and trends
Get PDFAfrica is arguably the most important regional selling for United Nations peacekeeping challenges. Hence, Africa is the first continent where extensive efforts have recently been made between the United Nations and the Organisation of African Unity with the specific aim of enhancing the management of conflicts in the region. It is significant that the UN now seems prepared to form partnerships with willing regional organisations and alliances in Africa with regard to the conducting of peace-support operations. At the same time, the United States and certain European nations have begun to support the idea of an African response capability of some kind. Another significant development relates to the fact that sub-regional organisations in Africa have started to feature as important peacekeeping instruments in recent years as it has increasingly been accepted that there is a need for such institutions to take care of their own security requirements. In this regard, the “indigenous" intervention operations without UN endorsement or involvement in Sierra Leone, the Democratic Republic of the Congo and in Lesotho are of particular interest, as these would seem to represent a new dimension in the management of African peacekeeping requirements. What is needed in the African context is to establish an acceptable basis for involvement or intervention in intra-state conflicts that respects the dignity and independence of stales without sanctioning the misuse of sovereign rights to violate the security of people within a stale\u27s borders. It would therefore be desirable that all the roleplayers in Africa and further afield should develop a set of broad principles to respond appropriately and speedily to situations where the security of people is imperilled
Complex equality - some notes on redistribution in South Africa
Get PDFIn this article I attempt to show that a theory o f redistribution can be derived from Walzer\u27s political theory as presented in his Spheres o f justice. I argue that this theory shows in what areas o f South Africa’s public life redistribution is required, and what patterns of redistribution should be followed Walzer’s political theory leans heavily on the notion of shared understandings. In South Africa there are many areas of public life in which interpretations of these understandings are in conflict. I attempt to identify these areas and to show what premisses underlie the conflicting interpretations
Irony as ideology critique in Deutero-Isaiah with special reference to the parody on idolatry
Get PDFThe biography and biology of liberty: Abraham Kuyper and the American experiment
Get PDFIn part because of Johan van der Vyver’s pioneering work, Abraham Kuyper, the Dutch theologian, educator, journalist, and politician, is well-known in South Africa. This article examines the lesser-known relationship between Kuyper\u27s political theology and American law and politics. Kuyper praised American constructions of religious liberty and pluralism, separation of church and state, and free association and political pluralism. In Kuyper’s view, these were the political fruits of an historical Calvinism that needed to be restored to political respectability if the American experiment was to live up to its promise. While taking much of Kuyper’s point, this article argues that Kuyper both overstated the Calvinist contributions to the American experiment, and failed to appreciate the unique covenantal theology that informed the Puritan Calvinist legal and political contributions that were made. Two illustrations of this influence are offered: (I) how the Puritans\u27 emerging theology o f liberty of covenant contributed to American views of religious liberty; and (2) how the Puritans’ emerging sociology of covenants o f liberty contributed uniquely to American views of social and political pluralism
The legal duty of local government to facilitate development
Get PDFLocal government in South Africa is not only facing challenges normally associated with a process of development or transformation, but needs to adjust its focus according to the new development paradigm unfolding in South Africa. Developmental local government has to accomplish this task according to the mandate issued in the Constitution and within a specific legal-institutional and value framework The legal-institutional framework is based on a set of development law principles contained in new generation legislation. The value framework consists of community values as well as constitutional values reflecting individual and community values, norms and principles. This framework imposes a legal and moral duty as well as corresponding obligations on municipalities to plan and implement future socio-economic development of the areas for which they are responsible according to a new set of development principles and values. These principles make it incumbent upon municipalities to manage development through a people-centred and community-driven process. This article briefly deals with the nature and content of the duties and responsibilities of municipalities emanating from a new development paradigm when facilitating the development process within their areas of jurisdiction
Ouerbegeleiding in die nuwe Suid-Afrika: voorvereiste vir beter matriek-uitslae?
Get PDFParent support programmes in the new South Africa: prerequisite for better matric results?The 1997 matriculation results with a fa ilu re rate of 52,9%, once again caused great concern country-wide (Jansen, 1998:56). With the exception of M pumalanga, the pass rate of all the provinces has decreased (Duffy, 1998:10). Five years after apartheid and with a new education dispensation being applied, the expected outcomes in terms of better matriculation results have not yet been realised (Haasbroek, 1998:12-13). The effect of this failure rate is extensive. During the 1993/1994 tax year matric failures cost South Africa R2,38 milliard. This is 13% of the total education budget (Die Volksblad, 1995:12-30). The extent of the 1997 failures has not yet been calculated in financial terms. In educational ranks there is as yet uncertainty regarding the possible manner in which this problem might be addressed. Is the solution to be found in more schools, in lower teacher-pupil ratios, or in other resources? A possible intervention strategy might probably be that of parent accompaniment. The home should indeed be the place where the young child should feel safe enough so that his/her potential might develop to the full. If the parent, for whatsoever reason, does not meet this responsibility, the total personal and intellectual development of the child is impeded
Die verdienstes en tekortkominge van ’n alsydige regsakademikus. ’n Kritiese waardering van Johan van der Vyver se bydrae tot die regswetenskap in Suid-Afrika
Get PDFThe merits and demerits of an all-rounder legal ac ademic. A critical appraisal of Johan van der Vyver’s contribution to legal scholarship in South Africa This article assesses the contribution of Johan van der Vyver to legal scholarship in South Africa. It does so with reference to his qualities and contributions as:• all-rounder,• mentor;• Neo-Calvinist legal philosopher,• herald of human rights,• scholar and theoretician of Private Law and• scholar and theoretician of Public Law. His achievement as legal academic is not merely described but also appraised. It is argued that he must primarily be seen as a Neo-Calvinist legal philosopher in the Kuyperian tradition. His work as one of three foremost academic exponents of the idea and practice of human rights in South Africa is all the more remarkable because his initial ideas were developed in an environment not particularly conducive to an endeavour of this kind. As scholar of Private Law his main contribution has been the development of the theory of subjective rights in Private Law (and in a purist vein). He is, however, criticised for a paucity of reflection on the development of a similar theory in Public Law