Magister Legum - LLM / Disability in South African labour law is reduced to incapacity. An evaluation of disability and incapacity was made to advocate a clear conceptual break between the two concepts. Also, that disability should be grounded in a social model paradigm of disability which was a materialist critique of how capitalism constructs disability. To enhance the analysis discourse analysis was employed to illustrate how language, ideology and power sustained the notion of disability in capitalist society. A comparative analysis was made drawing on American disability jurisprudence and Canadian disability jurisprudence to illustrate the difference in approach between the two legal systems with a suggestion that the Canadian approach was better suited to the development of a South African disability law. And the development of South African disability law it was argued would benefit if a legal construction of disability was crafted to deal with the obstacles that disabled people encounter in the work-place. / South Africa
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:uwc/oai:etd.uwc.ac.za:11394/1729 |
| Date | January 2010 |
| Creators | Hoskins, Jonathan Mark |
| Contributors | Bosch, Craig, Dept. of Public Law and Jurisprudence, Faculty of Law |
| Publisher | University of the Western Cape |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis |
| Rights | University of the Western Cape |
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