The purpose of this study was to examine provisions of the Constitution of West Virginia, enactments of the West Virginia Legislature, decisions of the West Virginia Supreme Court of Appeals, policies of the West Virginia Board of Education, opinions of the: Attorney General, and interpretations of the State Superintendent of Schools to ascertain the legal status of West Virginia public school personnel in the employment process, in liability cases arising from tort actions, and in other areas; where legal questions often arise. Federal Constitutional provisions, statutes, and court cases were also considered when of overriding importance or when West Virginia legal references were inadequate. Legal research of the process of employment of public school personnel focused on the following areas: nomination for employment, discrimination, substantive and procedural due process, certifieation, probationary and continuing contracts, assignment and, transfer, suspension and dismissal, resignations, employment term, and compensation. Tort cases were classified by the author as either traditional or constitutional torts. Traditional torts reviewed included strict liability, assault and/or battery, defamation, and negligence. Of particular concern were assault and battery cases related to corporal punishment, the use of qualified privilege as a defense in defamation cases, and negligence cases alleging abridgement of the duty of school personnel to provide proper supervision, proper instruction in performing dangerous activities, and proper maintenance of equipment. Tort actions arising from abridgement of a person's constitutional rights by state or governmental authorities were classified as constitutional torts. lt was found that successful plaintiffs have. been able to secure injunctive relief as well as damages. from school officials and boards of education, both now considered "persons" under Section 1983 of the Civil Rights Act of 1871. Other legal provisions studied in relationship to West Virginia public school personnel included the following: curriculum and instructional matters, academic freedom, assignment of duties, personal leave and leaves of absence, fringe benefits, retirement, grievances, employee organizations, and collective bargaining. / Ed. D.

The purpose of this study was to examine provisions of the Constitution of West Virginia, enactments of the West Virginia Legislature, decisions of the West Virginia Supreme Court of Appeals, policies of the West Virginia Board of Education, opinions of the Attorney General, and interpretations of the State Superintendent of Schools to ascertain the legal status of West Virginia public school personnel with respect to their employment rights. Federal Constitutional provisions, statutes, and court cases were also cited when of overriding importance or when West Virginia legal references were found to be inadequate. Legal research of the employment process and rights of public school employees focused on the following areas: nomination for employment, discrimination, substantive and procedural due process, certification, employee classifications, probationary and continuing contracts, assignment and transfer, suspension and dismissal, resignation, employment term, and compensation. Other legal provisions reviewed in relationship to West Virginia public school personnel included academic freedom, assignment of duties, personal leave, leaves of absence and other absences, workmen's compensation, unemployment compensation, insurance benefits, retirement, seniority, reductions in force, grievance procedures, employee organizations, and collective bargaining. / Ed. D.

In recent years, we have witnessed a strong global resistance to the acceptance of gender and sexuality rights. This resistance is theorized to be driven by a clash between pro-liberal international forces and traditionalist local political powers, suggesting a reverse trend from the previously anticipated liberal progression. However, existing literature often overlooks the divergent dynamics between various issues by relying on single-issue analyses. This dissertation aims to bridge this gap by examining the multifaceted nature of this resistance, using the case study of Russia, which has become a key sponsor of anti-gender policies on the global stage. By providing a comprehensive understanding of the broader socio-political landscape of this process, I suggest a nuance to the existing explanation for global political dynamics.The central concept of this dissertation, which I have named strategic traditionalism, explains how political state actors can opportunistically promote traditionalist views on certain issues while avoiding others that do not advance their political interests. I argue that a nation’s stance on gender and sexuality does not necessarily align with purely liberal or illiberal trends but is rather relational and dependent on political alliances and opportunity structures. I develop this argument through three interrelated studies. In the first chapter, I investigate why the Russian state promotes strategic traditionalism and explain how it relates to anti-Western ideology. Using the logic of a natural experiment in media analysis, I zoom in on the state's role in shaping media discourse on homosexuality and abortion. I analyze the changes in narratives before and after a prominent Russian news agency underwent an unexpected state takeover. I find that pre-takeover, both issues were framed as traditional values versus human rights conflicts. After the takeover, the narrative shifted to a competition between Russia and the West, with Russia portrayed as defending against Western elites using "LGBT ideology" for global dominance, while the abortion discourse remained unchanged. This study highlights the strategic reinforcement of illiberal position on one topic but maintaining neutrality on others to preserve its hegemony, rather than embracing universally traditional or religious views on both topics. This enhances our understanding of how opposing homosexuality aligns with a state's global and domestic interests. The second study examines the extent to which the public adopts state-sponsored strategic traditionalism by exploring public opinion. Globally, public opinion on homosexuality and abortion tends to correlate, but this is not the case in Russia. Quantitative analysis of a nationally representative public opinion survey reveals that negative attitudes towards homosexuality in Russia are associated with traditional values, religiosity, and anti-Western sentiments. However, negative attitudes towards abortion are linked to religiosity but not to traditional values or anti-Western sentiments, suggesting that the public opinion aligns with the state sponsored ideology. Qualitative findings provide an important nuance, indicating that support for the state’s stance might be influenced by the non-democratic nature of public-state relationships in Russia. Respondents understand and can reiterate the state’s logic, assuming that this conformity is non-negotiable in an authoritarian context. However, when discussing their views on sexuality and gender, they distinguish between public and private spheres. While some respondents support the actions framed in terms of combating foreign influence and defending Russian interests in the global sphere, they reject state intervention in the private sphere, which includes same-sex relations and abortion. Thus, this chapter demonstrates that the state’s propaganda had a significant effect on public opinion, showing that framing in terms of strategic traditionalism was effective but deeper probing reveals limits to this adaptation, highlighting the boundaries within which the state operates. This explains the specific form that state action took, distinguishing strategic traditionalism in Russia from what traditionalist pushback, suggested by the literature so far. Finally, I delve into the connection between two core elements of the Russian state’s anti-Western politics: political homophobia, as a part of strategic traditionalism, and anti-Ukrainian campaign. Although the link between two might not be immediately obvious for the outside viewers, the Russian state framed both anti-LGBT measures and the Ukrainian conflict as strategies to counter perceived Western influence while upholding "traditional values" and national sovereignty. Here, I establish the correlation between anti-LGBT and anti-Ukrainian sentiments in Russian public opinion, analyzing the period before and after the introduction of anti-LGBT+ legislation and the onset of the Russian aggression against Ukraine. The results show no statistically significant correlation between attitudes toward Ukraine and homosexuality in 2010. However, in 2016, following the anti-gay law and Crimea’s annexation, anti-gay views and anti-Ukrainian sentiments became positively correlated. This suggests that the Russian public has embraced a multifaceted anti-Western ideology promoted by the political leadership.

We are in a new global era, framed and shaped by migration and record movements across borders. The intersection of migration, mental health, and psychosocial wellbeing represents an increasingly important matter in the humanitarian space. Global rates of migration are at an all-time high, with internal and cross-border migration hitting record figures (United Nations Department of Economic and Social Affairs, Population Division, 2020). Mexico is a country that has been particularly affected by migration, as a top country of transit, as well as destination for migrants and asylum-seekers from the Americas and across the globe. The rise of displaced people traveling to Mexico and the United States, in combination with limited protection and legal support for migrants, has resulted in an unprecedented situation requiring attention. Population displacement results from an array of push factors, including political instability, climate degradation, natural disasters, and economic/physical insecurity. As growing numbers of people migrate to and through Mexico in search of protection and improvements in livelihoods, it is crucial to consider gaps in access to support services for migrants and asylum-seekers. Access to health care has long been a challenge for migrant populations in Mexico (Infante, 2022), and in particular, barriers have been reported in relation to Mental Health and Psychosocial Support (MHPSS) for people migrating while seeking asylum further North (Allande, 2022). Thus, there exists a need for the provision of improved and adapted MHPSS programs for migrants in Mexico, with particular attention to those from outside of Mexico seeking asylum in the United States. Working in collaboration with local partners, this Integrated Learning Experience (ILE) summarizes findings from a multi-stage exploratory assessment. The overarching goal of this ILE was to identify opportunities for improving the design and implementation of MHPSS for migrant populations in Mexico. To do so, this research focused on addressing three specific aims: identify major gaps and challenges in delivering MHPSS services from the perspectives of practitioners and scholars (Aim 1); assess perceptions of existing MHPSS services from the perspective of intended users through in-depth inquiry with migrant communities (Aim 2); and, map barriers and facilitators to accessing MHPSS services as well as co-creating implementation strategies, tools and key recommendations through participatory workshops with key actors (Aim 3). The specific research methods utilized in this assessment included: A) synthesis of 3 years of survey data gathered from service providers, along with key informant interviews (KIIs) with service providers to identify existing programs, gaps, and challenges; B) focus group discussions with migrant populations combined with ethnographic observations to assess support and how they are perceived, and C) participatory workshops with key actors to co-create implementation strategies to improve supports from a systems perspective. By mapping existing MHPSS supports in key locations and engaging with different stakeholders through participatory methods, this ILE presents a systematic, conceptual approach to identify leverage points for improvements in programs that fit the unique situation and lived experiences of people on the move. The final recommendations outline practical steps to promote more coherent and comprehensive approaches to MHPSS programming while recognizing and responding to overlapping risks of violence, discrimination, and other challenges this population may face. Key takeaways reveal overall shortages in availability of services, and gaps in information-sharing and coordination. Most importantly, findings show a cultural disconnect with many MHPSS programs, calling for a rethink of how to design and implement services in a manner that better fit the realities and preferences of migrant communities. Ways forward include promoting cultural humility, community engagement, listening, and promoting agency in order to strengthen MHPSS practices that are grounded in and sensitive to the views of those migrating.

"August 2006" / Thesis (PhD) -- Macquarie University, Division of Law, 2007. / Bibliography: p. 343-364. / Abstract -- Candidate's certification -- Acknowledgements -- Acronyms -- Chapter one -- Chapter two: Linking public participation to environmental decision making and natural resources management -- Chapter three: The right to public participation -- Chapter four: Implementing the right to public participation in environmental decision making : the participation of indigenous peoples in the conservation and management of protected areas -- Chapter five: The legal and policy regime for the participation of indigenous peoples in the conservation and management of protected areas in Australia -- Chapter six: The legal and policy regime for the participation of indigenous peoples in the conservation and management of protected areas in Uganda -- Chapter seven: Implementing public participation in environmental decision making in Australia and Uganda : a comparative analysis -- Chapter eight: The right to public participation in enviromental decision making and natural resources management : summary and conclusions -- Bibliography. / In recognition of the importance of public participation as a basis for good governance and democracy, Mr Kofi Annan, Secretary General to the United Nations, has noted that: "Good governance demands the consent and participation of the governed and the full participation and lasting involvement of all citizens in the future of their nation. The will of the people must be the basis of governmental authority. That is the foundation of democracy. That is the foundation of good governance Good governance will give every citizen, young or old, man or woman, a real and lasting stake in the future of his or her society". The above quotation encapsulates the essence of what this thesis has set out to do; to examine the concept of public participation and its application in environmental governance within the context of the participation of indigenous peoples in the conservation and management of protected areas in Australia and Uganda. The concept of public participation is of such intrinsic importance that it has emerged as one of the fundamental principles underpinning environmental governance and therefore forms the basis for this study. -- Environmental governance, as a concept that captures the ideal of public participation, is basically about decisions and the manner in which they are made. It is about who has 'a seat at the table' during deliberations and how the interests of affected communities and ecosystems are represented. It is also about how decision makers are held responsible for the integrity of the process and for the results of their decisions. It relates to business people, property owners, farmers and consumers. Environmental governance is also about the management of actions relating to the environment and sustainable development. It includes individual choices and actions like participating in public hearings or joining local watchdog groups or, as consumers, choosing to purchase environmentally friendly products. -- The basic principles behind good governance and good environmental decision making have been accepted for more than a decade. The 178 nations that attended the Rio Summit in 1992 all endorsed these nvironmental governance principles when they signed the Rio Declaration on Environment and Development (Rio Declaration) - a charter of 27 principles meant to guide the world community towards sustainable development. The international community re-emphasised the importance of these principles at the World Summit on Sustainable Development in 2002. -- The right to public participation in nvironmental decision making and natural resources management is one of the 27 principles endorsed by the nations of the world and is embodied in the provisions of Principle 10 of the Rio Declaration. / Environmental decisions occur in many contexts. They range from personal choices like whether to walk or drive to work, how much firewood to burn, or whether to have another child. They encompass the business decisions that communities or corporations make about where to locate their facilities, how much to emphasise eco-friendly product design and how much land to preserve. They include national laws enacted to conserve the environment, to regulate pollution, manage public land or regulate trade. They take into account international commitments made to regulate trade in endangered species or limit acid rain or C02 emissions. -- Environmental decisions also involve a wide range of actors: individuals; local, state and national governments; community and tribal authorities such as indigenous peoples; civic organisations; interested groups; labour unions; national and transactional corporations; scientists; and international bodies such as the United Nations, the European Union, and the World Trade Organisation. -- Each of the actors have different interests, different levels of authority and different information, making their actions complex and frequently putting their decisions at odds with each other and with ecological processes that sustain the natural systems we depend on. -- Accordingly, this thesis aims to examine participation in environmental decision making in a way that demonstrates these complexities and interdependencies. It will explore the theoretical and conceptual basis for public participation and how it is incorporated into international and domestic environmental and natural resources law and policy. -- It will examine public participation in the context of the legal and policy framework for the conservation and management of protected areas and will use case studies involving the participation of indigeneous peoples in Australia and Uganda to provide the basis for a comparative analysis. -- The thesis will also faces on a comparative analysis of the effectiveness and meaningfulness of the process for public participation in environmental decision making in Australia and Uganda. There is extensive literature on the purposes to which participation may be put; the stages in the project cycle at which it should be employed; the level and power with regard to the decision making process which should be afforded to the participants; the methods which may be appropriate under the different circumstances, as well as detailed descriptions of methods; approaches and forms or typologies of public participation; and the benefits and problems of such participation. / However, there is not much significant literature that examines and analyses the meaningfulness and effectiveness of the contextual processes of such participation. This is despite the widespread belief in the importance and value of public participation, particularly by local and indigenous communities, even in the face of disillusionment caused by deceit, manipulation and tokenism. Accordingly, the thesis will use case studies to demonstrate the meaningfulness and effectiveness or otherwise of public participation in environmental decision making in protected area management. -- Increasingly, the terminology of sustainable development is more appropriate to describe contemporary policy objectives in this area, with an emphasis on promoting local livelihood and poverty alleviation within the constraints of ecosystem management. However, the domestic legal frameworks, and institutional development, in Australia and Uganda tend to reflect earlier concepts of environmental and natural resources management (referred to as environmental management in this thesis). There are some significant differences between a North (developed) nation and a South (developing) nation, in terms of the emphasis on economic objectives, political stability, resources and legal and administrative capacity. The thesis intends to explore these differences for the comparative analysis and to draw on them to highlight the complexities and interdependencies of public participation by indigenous peoples in environmental decision making, natural resources and protected area management. / Mode of access: World Wide Web. / 377 p

Company directors, being human, may be tempted to promote their own interests rather than those of the companies on whose boards they serve. Directors are subject to a number of legal duties. A director has a fiduciary duty to act in good faith and in the best interests of the company. A number of other duties flow from this duty such as the duty to avoid a conflict of interests. The duty of a director not to appropriate a corporate opportunity belonging to the company of which he or she is a director, also flows from the duty to avoid a conflict of interests. The common-law duties of directors which have their origins in English law, have developed over a number of years. Because of the difficulty that directors had in establishing what their duties were, a number of jurisdictions embarked on a process of codifying or partially codifying these duties. South Africa, Australia and England are three countries that have promulgated legislation which has resulted in the codification or partial codification of directors’ duties. The purpose of the codification or partial codification of directors’ duties was firstly to clarify the duties of directors, and secondly to make the duties more accessible to those affected by them – the directors of companies. In South Africa the Companies Act 71 of 2008 has partially codified the duties of directors. Because directors’ duties have only been partially codified there is uncertainty regarding their scope. This dissertation will focus on the possible effect of the 2008 Companies Act on the duty of a director not to take a corporate opportunity falling to the company. In this dissertation I address two issues involving the effect of the 2008 Companies Act on the duty of a director not to appropriate a corporate opportunity belonging to the company. Firstly, I consider whether the partially codified directors’ duties are wide enough to cover issues involving the appropriation of corporate opportunities. Secondly, I consider the appropriate common-law test or tests to be applied in determining whether, in the specific circumstances, an opportunity should be classified as a corporate opportunity. In considering whether the partially codified duties of directors are wide enough to include the corporate-opportunity rule, I compare the approach to corporate opportunities and the corporate-opportunity rule in South Africa, Australia and England. / Mercantile Law / LL.M. (Corporation Law)

For a long time the rights of disabled persons have been ignored worldwide. A major obstacle faced by disabled persons is discrimination in the workplace. Due to the development of a social approach to disability and the efforts of the Disability Rights Movement, legislation has been passed throughout the world to improve this dire situation. The thesis considers the efficacy of some of these statutes. It is concluded that stigma and negative stereotypes remain a constant hurdle in overcoming discrimination. The forthcoming UN Disability Convention is demonstrative of the recognition of the importance of the needs and rights of disabled people. The convention proposes some innovative measures to overcome stigma and stereotyping. Mental health problems constitute one of the leading causes of disability. The thesis explores how people with mental health problems fit within the concept of people with disabilities and whether they are included in anti-discrimination legislation and affirmative action measures. Special attention is given to statutory definitions of disability, the different forms of discrimination and the concept of reasonable accommodation. A comparative approach is taken to analyse how South Africa's disability law measures up against that of Britain and Australia in terms of its substantive provisions and enforcement thereof. In considering the South African position American and Canadian jurisprudence is consulted in order to aid in interpretation. It is concluded that although South Africa has a comparatively good legislative framework, it is held back by an overly restrictive and medically focused definition of disability. As a result many individuals with mental health difficulties, desirous of obtaining and retaining employment may be excluded from protection against discrimination in the workplace. It is argued that it will be necessary either to amend the Employment Equity Act or for the courts to adhere strictly to the concept of substantive equality in order to ensure that the rights and dignity of people with mental health difficulties are adequately protected.

Abstract Many historians would like to discover a time of relative freedom, security and independence for women of the past. The Germanic era, from 400-1000 AD, was a time of stability, and security due to limitations the law placed upon the mundwald and the legal ability of women to possess property. The system of compensations that the Germans initiated in an effort to stop the blood feuds between Germanic families, served as a deterrent to men that might physically or sexually abuse women. The majority of the sources used in this work were the Germanic Codes generally dated from 498-1024 AD. Ancient Roman and Germanic sources provide background information about the individual tribes. Secondary sources provide a contrast to the ideas of this thesis, and information.

Text in English / The substitution of the dominant Western jurisprudence for South Africa’s indigenous normative values during colonial and apartheid times has resulted in a perverted conception of law that presents Western jurisprudence as synonymous with law. In the era of the constitutional recognition of African law where the application of the democratic principle demands that the newly re-enfranchised African communities deserve to be regulated by their own indigenous values, the resilience of this legal culture has become problematic. To reverse this situation legal and constitutional interpreters must rethink and reshape their contributions to the achievement of the post-apartheid version of African law envisioned by the South African Constitution. The application of African law in a free and liberated environment must reflect its own social, political and legal cosmology in which its institutions operate within their own indigenous frame of reference. A study of the anatomy of African jurisprudence as a means of gaining insight into the indigenous worldview which was characterised by the culture of communal living and the ethos of inclusiveness to counter the prevailing hegemony of autonomous individualism, has become urgent. To achieve this such pillars of African jurisprudence as the philosophy of ubuntu must be exhumed in order for African law’s rehabilitation under the Constitution to be undertaken on the basis of its authentic articulation uncontaminated by colonial and apartheid distortions. The task of developing the African law of the 21st century to the extent required by the Constitution is a challenge of enormous proportions which demands an appreciation of the historical and political environment in which African law lost its primacy as the original legal system of South Africa after Roman-Dutch law was imposed on the South Africa population. The revival of African law becomes more urgent when one considers that when Africans lost control of their legal system they had not abdicated sovereignty voluntarily to the newcomers. The validity of the imposition of Western jurisprudence is vitiated by the colonial use of such imperial acts as colonisation, conquest, and annexation as the basis on which the regime of Roman-Dutch law was imposed on South Africa. Ever since, African law has been subordinated and denigrated through colonial and apartheid policies which relegated it, via the repugnancy clause, to a sub-system of Roman-Dutch law with whose standards it was forced to comply. The repugnancy clause left African law a distorted system no longer recognisable to its own constituency. The advent of the new dispensation introduced a constitutional framework for re-capacitating South Africa’s post-apartheid state institutions to recentre African law as envisioned by the Constitution. This framework has become the basis on which legislative and judicial efforts could rehabilitate the indigenous value system in the application of African law. The courts of the new South Africa have striven to find the synergy between indigenous values and the Bill of Rights in order to forge areas of compatibility between African culture and human rights. An analysis of this phase in the development of African law, as evidenced by the present study, reveals successes and failures on the part of the courts in their efforts to rehabilitate African law in line with both its value system and the Bill of Rights. These findings lead to the conclusion that whilst South Africa’s legislative and judicial institutions have not yet achieved the envisioned version of African law, there is an adequate constitutional framework through which they could still do so. This study, therefore, recommends that the above institutions, especially the courts, should adopt a theory of re-indigenisation that would guide them as they proceed from the indigenous version of African law which is the basis on which to apply the Bill of Rights. The application of such a theory would ensure that the distorted ‘official’ version of African law which was imposed by colonial and apartheid state institutions is progressively discredited and isolated from the body of South African law and gives way to the version inspired by the Constitution. / Constitutional, International & Indigenous Law / LL.D.

Text in Afrikaans / In hierdie ondersoek word gepoog om 'n regswetenskaplike basis vir "Die Verslag van die Maatskaplike Werker ingevolge artikels 14(4) en 15(1) van die Wet op Kindersorg as 'n Juridies Gefundeerde Hulpmiddel vir die Kinderhof' daar te stel. Die studie fokus onder andere op vroeere wetgewing rakende sekere regte van kinders voor die instelling van kinderhowe in Suid-Afrika, die aard en instelling van die kinderhof, die posisie van kinderhowe binne die hierargie van howe en die kinderhof se handeling. Ooreenkomstig die administratiefreg word die klem veral geplaas op die regsvereistes wat vir alle administratiewe handelinge geld - soos deur Wiechers (1984) gesistematiseer en deur Eckard (1988) op kinderhofondersoeke van toepassing gemaak is. Regswetenskaplike begrippe met inagneming van die relevante gemeneregtelike beginsels, die tussentydse Grondwet, ander relevante wetgewing en regspraak word ontleed ten einde die betekenis en invloed daarvan vir die verslag van die maatskaplike werker duidelik te maak. By implikasie hied hierdie ontleding ook riglyne vir die skryf van die verslag vanuit 'n regsperspektief. Aan die hand van genoemde regsperspektiewe word 'n voorlopige model binne 'n bepaalde struktuur vir die skryf van hierdie verslag voorgestel. Die regsbeginsels wat ontleed is, word doelgerig en planmatig aangewend in 'n poging om uitvoering aan die doelstellings van die kinderhof te verleen en die bewyswaarde van inligting maksimaal te verhoog. Kritiese stellings asook verskeie dilemmas waarmee die maatskaplike werkers in die praktyk te make het, word aangespreek en word nuwe betekenis aan die begrippe "maatskaplike werker" en "verslag" rakende kinderhofaangeleenthede verleen. By wyse van 'n beperkte verkennende empmese ondersoek binne die Christelike Maatskaplike Raad van Noord-Transvaal, word bestaande kritiek betreffende die verslae wat maatskaplike werkers aan kinderhowe lewer asook die maatskaplike werker se beperkinge rakende relevante regskennis bevestig. Spesifieke behoeftes aan kennis word geldentifiseer en 'n hernieude maatskaplikewerkperspektief rakende kinderhofwerk as 'n spesialiteitsgebied binne die maatskaplikewerkterrein word bevestig. Verder word die regsvereistes asook ander relevante vereistes wat op die verslag van toepassing behoort te wees, en soos vanuit die literatuurstudie bepaal is, beaam. Hierdie ondersoek is 'n nuwe bydrae tot die maatskaplikewerkvakliteratuur en baan die weg tot verdere navorsing en ontwikkeling op hierdie terrein. / This investigation attempts to establish a jurisprudential basis for the "The Report of the Social Worker according to articles 14(4) and 15(1) of the Act on Child Welfare as a Juridically Based Aid for the Children's Court". The study focuses inter alia on earlier legislation concerning certain rights of children prior to the establishment of children's courts in South Africa; the nature and institution of children's courts; the position of children's courts within the hierarchy of courts, as well as actions of the children's court. In accordance with Administrative Law the accent falls especially on legal requirements for all administrative actions as systematised by Wiechers (1984) and as applied by Eckard (1988) to examination in such courts. An analysis is made of jurisprudential concepts such as Common Law principles, the Interim Constitution, and other relevant acts of parliament and court verdicts in order to clarify their meaning and influence for this report. By implication this analysis also furnishes guidelines for writing the report within jurisprudential perspectives. With the aid of these perspectives a preliminruy model is presented within a specific structure for the writing of this report. The jurisprudential principles analysed, are purposively and methodically applied in an attempt to satisfy the goals of the children's court and maximise the value of evidence given. Critical statements and several dilemmas confronting social work practice are addressed, and in the court situation new meaning is accorded to concepts such as "social worker" and "report". By means of a limited exploratory empirical investigation within the confines of the Christian Social Services of the Northern Transvaal the present criticism of reports delivered to courts by social workers as well as their jurisprudential limitations have been confirmed. Specific knowledge deficiencies have been identified and a renewed social work perspective on children's courts as specialist field in social work has been established. Legal and other relevant requirements for this report - as found in the literature study - have been confirmed. This investigation constitutes a new contribution to social work literature and opens the way to further research and development in this field. / Private Law / D. Phil. (Social Work)