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

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

by Daniel Visser


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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.

Product Details

ISBN-13: 9780748684175
Publisher: Edinburgh University Press
Publication date: 07/31/2013
Pages: 576
Product dimensions: 6.20(w) x 9.10(h) x 1.50(d)

About the Author

Elspeth Reid is Professor at the University of Edinburgh.

Table of Contents


Contributor List

Table of Cases

Table of Statutes

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


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