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 and Indigenous Law / LL. D.

The overall purpose of this study was to evaluate the current status of the Sherman Act's application to the professions, with emphasis on the accounting profession. This was further stated as two purposes. 1. The primary purpose was to interpret the historical development and current status of the most important defenses used in the courts by the professions and professionals against alleged violations of the Sherman Act. 2. The second purpose was to evaluate the relative importance of variables, including the defenses used, that have affected the outcomes of court cases involving alleged violations of the Sherman Act.

No description available.

No description available.

No description available.

No description available.

No description available.

Disability rights laws in the United States have been designed to promote integration through a “mainstreaming” model—integrating disabled people into mainstream society. In contrast, this dissertation documents and analyzes the emergence of a different integration model—inverse integration—which involves situations in which nondisabled people enter disability-focused settings or participate in disability-focused activities. As this dissertation demonstrates, inverse integration is surprisingly popular. For example, in contemporary U.S. society, nondisabled students study in “special education” programs, nondisabled people reside in housing projects for disabled individuals, hearing actors perform in Deaf theatres, and nondisabled athletes compete in wheelchair sports. By looking outside the mainstream, this dissertation tests the normative underpinnings of conventional integration. For example, by analyzing the integration of nondisabled children into special education classrooms, the dissertation provides an explanation for why interactions between disabled and nondisabled students in schools have so far failed to shift attitudes toward disability. Similarly, by examining the reasons behind nondisabled people’s desire to play wheelchair basketball or learn sign language, it sheds new light on disability rights law’s limitations in promoting relationships. Finally, by pointing to the differing ways in which elite sports organizations treat athletes’ physical injuries, on one hand, and mental health issues, on the other, this dissertation exposes another angle of the stigma surrounding mental health in the mainstream discourse. In terms of methodology, this dissertation has taken a socio-legal approach, using empirical and theoretical work in the areas of sociology, anthropology, history, and social psychology. In one chapter, I conducted an empirical study (systematic content analysis) of legal decisions. Influenced by disability studies, this dissertation has also drawn upon the personal experiences of disabled people and references memoirs of disabled athletes, scholars, and activists, as well as personal narratives featured in blog posts, op-eds, and legal scholarship. The dissertation is divided into three chapters. The first chapter, Reversing Reverse Mainstreaming, documents and criticizes the practice of “reverse mainstreaming,” whereby nondisabled children are integrated into classes for disabled students. Using a historical account and systematic analysis of hundreds of administrative decisions, this chapter describes the circumstances that gave rise to reverse mainstreaming and analyzes the practice’s normative underpinnings. In doing so, this chapter exposes a conundrum: On one hand, educators and judges have long justified reverse mainstreaming by pointing to its potential to reduce prejudice through structured interactions between disabled and nondisabled students. On the other hand, reverse mainstreaming often treats disabled students as inferior to their nondisabled peers and imposes mainstream norms at the expense of disability culture. Thus, rather than reducing prejudice, such structured interactions may perpetuate the very stigma and misconceptions they are designed to eradicate. Moreover, as this chapter details, reverse mainstreaming can lead to distributional inequality when it comes to scarce resources. Combining insights from social psychology and disability studies, this chapter proposes guidelines for legal and policy reform aimed at ensuring that intergroup interactions in educational settings take more egalitarian forms. The second chapter, Inverse Integration and the Relational Deficit of Disability Rights Law, takes a broader perspective. It develops a typology of inverse integration practices and analyzes the interaction of such practices with existing U.S. disability law. It shows that legal and social norms generally hinder the involvement of nondisabled people in disabled spaces or activities. Against this backdrop, the seeming popularity of inverse integration is a puzzle. What is driving this practice? The answer has to do with relationships. Combining insights from sociology, anthropology, social psychology, disability studies, and law, this chapter demonstrates how inverse integration allows disabled and nondisabled people to share experiences, interests, and common language with family members, friends, and intimate partners. These interactive features of inverse integration stand in stark contrast to disability rights laws’ general failure to protect, facilitate, and reinforce interpersonal relationships. In a society where in-person interactions are becoming less and less common, these relational advantages of inverse integration seem particularly exigent. Drawing upon instances of inverse integration, this chapter imagines what a more relational disability rights regime would look like and proposes specific interventions. The third chapter, Gambling on disability Rights, identifies a barrier for inclusion of disabled athletes in elite sports: the regulation of sports betting. It argues that recently adopted rules of elite sports organizations, which ban the disclosure of material information that might be used for betting (“anti-tipping rules”), have a detrimental effect on athletes with psychosocial impairments (e.g., general anxiety disorder, bipolar disorder). Because psychosocial impairments may significantly affect the ability of athletes to perform at the highest levels, anti-tipping rules prohibit athletes from disclosing their impairments. This forced secrecy, in turn, may adversely affect athletes’ mental health and might prevent them from claiming protections to which they are entitled under disability rights laws. Perhaps most importantly, given that athletes are public figures who serve as role models for many, these rules might perpetuate the stigma surrounding mental health in society at large. The chapter proposes strategies to resolve this problem by drawing on the rule against insider trading in securities law.

La recherche visant à développer des prototypes d’utérus artificiels (UA) est motivée par le besoin d’améliorer la prise en charge de grands prématurés humains. Plusieurs sont d’avis que les UA finiront par soutenir le développement de fœtus – que nous appelons « entités en UA » – à un stade de plus en plus tôt dans la gestation, soulevant ainsi plusieurs questions éthiques. À l’aide d’une revue narrative systématisée, ce mémoire analyse les impacts possibles de l’ectogestation sur les aspects moraux ayant une incidence sur le statut légal de l’entité en UA au Canada. Il amorce également une réflexion à savoir quel peut être son statut moral et/ou légal et par extension, quelles sont les implications éthiques et juridiques liées à son traitement. Pour ce faire, différentes écoles de pensée concernant la nature de l’embryon/fœtus et de la personne sont présentées. Ensuite, certains aspects pertinents au statut légal de l’entité en UA sont analysés dont ceux de la naissance et de la viabilité. Finalement, les aspects potentiellement problématiques de ces deux concepts en contexte d’ectogestation sont expliqués, notamment par rapport au droit à l’avortement que nous reformulons comme étant l’« arrêt de l’existence de l’entité en UA » lorsqu’il est question d’ectogestation. Considérant que la valeur morale accordée au produit humain de la conception diffère largement selon les écoles de pensée, et que le droit comporte certaines lacunes pour appréhender les questions relatives au statut légal de l’entité en UA, une analyse bioéthique est nécessaire pour bien encadrer et mener cette réflexion. / The research surrounding the development of artificial womb (AW) prototypes is motivated by the need to improve the treatment for extremely premature infants. Many believe that AW will play a role in supporting the development of the fetus, which we refer to as an “entity in an artificial womb” throughout this thesis, at increasingly earlier stages of gestation, which raises many ethical and legal issues. Using a systematised narrative review, the present master’s thesis analyzes the possible impacts of ectogestation on the moral aspects affecting the legal status of entity in AW in Canada. It also addresses its possible moral and/or legal status and, by extension, the ethical and legal implications related to the treatment of such entities. To do so, it presents different schools of thought concerning the nature of embryos/fetuses and persons, and analyzes relevant aspects concerning the legal status of the entities in AW, especially those relating to birth and viability. It explains how these two concepts might be problematic in the context of ectogestation, especially with respect to abortion rights – in the context ectogestation, we refer to abortion as “termination of the entity in an artificial womb”. Considering that the moral value attached to the result of conception differs substantially from one school of thought to another, and that shortcomings in the law may hinder the understanding of issues related to the legal status of the entity in an AW, a bioethical analysis is necessary to guide and carry out this reflection.

Text in Afrikaans / This study is about the provision of a prototype court preparation programme for the primary school child that had been sexually assaulted. The programme is developed from a Gestalt approach. Literature regarding several existing court preparation programmes was studied and compared in order to identify certain themes for the child's preparation. Knowledge regarding the court, procedures and the functions of the various role players was conveyed to the child with emphasis on the child's role as witness. The research strategy utilised in the study was that of the intervention research and specifically the D&D-model that comprises six phases. The study incorporates the first three phases plus the first step of the fourth phase. Semi-structured interviews and focus groups were utilised to establish which themes could be addressed to support the child towards being a credible witness. These themes are summarised in the court preparation programme and are addressed from the Gestalt approach. / Social Work / M.Diac. (Spelterapie)