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

ISBN-13: 9780748684175 / Angielski / Twarda / 2013 / 576 str.

Daniel Visser

Opis

This book, written by experts from Scotland and South Africa, 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, providing a benchmark for both.

Spis treści

Preface; Contributor List; Table of Cases; Table of Statutes; Introduction, Elspeth Reid and Daniel Visser; 2: Private Law in the Age of Rights, François Du Bois; 3: The Politics of Private Law: Sexual Minority Freedom in South Africa and Scotland, Jaco Barnard-Naudé; 4: Child Law: Respecting the Rights of Children, Elaine E Sutherland; 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; 6: The Right to Personal Security, Anton Fagan; 7: Privacy, F D J Brand; 8: Defamation and Freedom of Expression, Jonathan Burchell; 9: Strict Liability, Max Loubser; 10: Liability of Public Authorities and Public Officials, John Blackie; 11: Nuisance, Hanri Mostert; 12: Contract Law and Human Rights, Peter Webster; 13: Principles, Policy and Practice: Human Rights and the Law of Contract, Sheldon Laing and Daniel Visser; 14: Juristic Persons and Fundamental Rights, Ross Gilbert Anderson; 15: Examining the Labour Law & Social Dimension of Human Rights: The UK & South Africa, David Cabrelli; 16: Rights in Security, Andrew J M Steven; 17: Access to credit, the law of suretyship and unfair suretyships, J T Pretorius; 18: The Human Right of Property in Land Law: Comparing South Africa and Scotland David Carey Miller; 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; 20: Environment and Human Rights: The Right to Water in South Africa and Scotland, Loretta Feris and John Gibson; Index.