scholarly journals South African Marriage in Policy and Practice: A Dynamic Story

2019 ◽  
Author(s):  
Michael W. Yarbrough
Keyword(s):  
South African ◽  
Theoretical Approach ◽  
Family Relationship ◽  
Legal Regime ◽  
Policy And Practice ◽  
Scholarly Research ◽  
The Law ◽  
The Relationship ◽  
Dynamic Interplay

Law forms one of the major structural contexts within which family lives play out, yet the precise dynamics connecting these two foundational institutions are still poorly understood. This article attempts to help bridge this gap by applying sociolegal concepts to empirical findings about state law’s role in family, and especially in marriage, drawn from across several decades and disciplines of South Africanist scholarly research. I sketch the broad outlines of a nuanced theoretical approach for analyzing the law-family relationship, which insists that the relationship entails a contingent and dynamic interplay between relatively powerful regulating institutions and relatively powerless regulated populations. Accordingly, while my argument broadly distinguishes the more repressive regimes of colonialism and apartheid from the more expansive post-apartheid legal regime, it also partially undoes that periodisation by highlighting limits and evasions of repressive law and obstacles impeding access to post-apartheid law’s expansive promises.

Cooperation of International Judicial Bodies Considering Maritime Disputes

2020 ◽  
Vol 1 (12) ◽  
pp. 145-148
Author(s):  
E. S. Orlova
Keyword(s):  
Law Of The Sea ◽  
Legal Regime ◽  
Maritime Disputes ◽  
The Subject ◽  
The Law ◽  
The Relationship

The paper is devoted to the cooperation of international judicial bodies operating based on the 1982 UN Convention on the Law of the Sea This cooperation is determined by the Convention, which sets out four procedures for the resolution of international maritime disputes. The relevance of the paper is determined by the important role of international judicial bodies in resolving international maritime disputes by amicable means. The subject of the study is the relationship between international judicial authorities on the interpretation and application of the 1982 UN Convention on the Law of the Sea. The purpose of the paper is to determine the rules of law on cooperation of international judicial bodies considering international maritime disputes based on the Convention on the Law of the Sea. The hypothesis of the study is that the cooperation of international judicial bodies operating within the framework of a single legal regime causes competition among the jurisdictions of international judicial bodies and is productive.

Ruling Relations: Rethinking State and Gender in South African History

1992 ◽  
Vol 33 (3) ◽  
pp. 441-465 ◽  
Author(s):  
Linzi Manicom
Keyword(s):  
South African ◽  
Social Life ◽  
African State ◽  
The State ◽  
Gender History ◽  
Policy And Practice ◽  
History Of ◽  
And Gender ◽  
The Impact ◽  
The Relationship

Although South African women's history has been growing in volume and sophistication over the past decade, the impact of gender analysis has yet to be felt in mainstream or radical historiography. One reason for this neglect is the way in which the categories of both ‘gender’ and ‘women’ have been conceived – with ‘women’ assumed to have a stable referent and ‘gender’ treated as synonymous with women. Those areas of social life where women are not immediately present have thus remained unreconstructed by the theoretical implications of gender. This is particularly the case with the history of ‘the state’.The article identifies and looks critically at the major paradigms of South African women's and gender history in terms of how the relationship between ‘the state’ and ‘women’ is implicitly or explicitly represented. It argues that the understanding of the category ‘women’ as socially and historically constructed (as evident in more recently published gender history) provides a way of moving beyond the more static or abstractly posed state-versus-women relationship. This requires too that ‘the South African state’ be understood not as unitary or coherent but as institutionally diverse with different objectives being taken up and produced as policy and practice. The project then becomes one of understanding South African state formation as a gendered and gendering process, of exploring the different institutional sites and ruling discourses in which gender identities and categories are constructed.

1. Family Life and the Law

Family Law ◽  
2018 ◽  
Author(s):  
Ruth Lamont
Keyword(s):  
Family Relationships ◽  
Family Life ◽  
Family Relationship ◽  
The Law ◽  
The Individual ◽  
The Relationship ◽  
Family Behaviour

This chapter explores the nature of family life and the role of the law in family relationships to identify the particular challenges facing family lawyers. In particular, it considers how the law interacts with family life, how family relationships are identified in law, and what role the law plays in regulating family behaviour. The diversity and personalised experience of ‘family’ means that the role of the law in these processes is complex. There are two central issues facing family lawyers. First, the identification of a relationship as being one of ‘family’ for the purposes of the law is an important label, and may give rise to specific rights and obligations, even if the particular relationship bears no significance for the individual. Secondly, identifying the nature of the rights and obligations arising from a family relationship is central to determining the significance of the relationship.

Reactions to Non-Performance of Treaties in International Law

2012 ◽  
Vol 25 (3) ◽  
pp. 759-770 ◽  
Author(s):  
SERENA FORLATI
Keyword(s):  
International Law ◽  
The Other ◽  
Current Understanding ◽  
International Treaties ◽  
Legal Regime ◽  
Limited Role ◽  
International Responsibility ◽  
The Law ◽  
The One ◽  
The Relationship

AbstractIdentifying the range of lawful reactions to non-performance of treaties is still problematic, as shown by the case concerning the Application of the Interim Accord of 13 September 1995 (FYROM/Greece). After reviewing the current understanding of the relationship between the law of treaties and the law of international responsibility, the author analyses the legal regime pertaining to suspension and termination of treaties on grounds of breach, on the one hand, and, on the other, to countermeasures, arguing that the exceptio inadimpleti contractus may still play an independent, albeit limited, role as a reaction to lawful non-performance of international treaties.

scholarly journals Development of the Behavioural-Biomedical Law Enforcement Stress Discordance Model (B2LESD): An epidemiological criminology framework (LEPH2018)

2018 ◽  
Vol 3 (3) ◽  
pp. 68
Author(s):  
Paul C Archibald ◽  
Timothy A. Akers
Keyword(s):  
Law Enforcement ◽  
Stress Reduction ◽  
Police Officers ◽  
Research Policy ◽  
Focal Point ◽  
Police Misconduct ◽  
Police Stress ◽  
Policy And Practice ◽  
The Law ◽  
The Relationship

The stressors associated with the law enforcement profession have become a focal point of discussion as the reporting of police misconduct has been increasing. Simultaneously researchers are exploring the relationship between police stress, as manifested through physical behavior, and health outcomes. While the current definitions and theories shed some light on the pathways of police stress leading to police misconduct, the emergence of more critical, interdisciplinary theories is essential and needed so as to better understand its underlying causes scientifically and practically. Relevant studies conducted from year 2008 to present were searched and collected, through a number of databases, to investigate the relationship between stress and police misconduct. The results of the final sample of ten studies were utilized to refine a conceptual model that serves as a guiding framework to more accurately provide a conceptual picture of police stress-exposure and the role of the bio-psycho-social and environmental contributors that impact the police work environment, thereby influencing the stress experienced by police officers that lead to police misconduct. We use the Epidemiological Criminology framework to understand the biobehavioural impact of stressful exposure on health and wellness of law enforcement officers. This framework intends to help the law enforcement, research, policy, and practice community to understand more effectively the bio-psycho-social and environmental health effects within the context of the behavioural and biomedical disparities of police officers, who are likely to experience high levels of stress while on duty—leading to the development of stress-reduction interventions for police officers.

A Comparative Overview of the Fair Wear and Tear Exception: the Duty of Holders of Temporary Interests to Preserve Property

2002 ◽  
Vol 6 (1) ◽  
pp. 85-100
Author(s):  
Raffaele Caterina
Keyword(s):  
Common Core ◽  
Complete Solution ◽  
Roman Law ◽  
Private Ownership ◽  
Legal Systems ◽  
Personal Rights ◽  
Wear And Tear ◽  
Long Life ◽  
The Law ◽  
The Relationship

“A system of private ownership must provide for something more sophisticated than absolute ownership of the property by one person. A property owner needs to be able to do more than own it during his lifetime and pass it on to someone else on his death.”1 Those who own things with a long life quite naturally feel the urge to deal in segments of time. Most of the owner's ambitions in respect of time can be met by the law of contract. But contract does not offer a complete solution, since contracts create only personal rights. Certain of the owner's legitimate wishes can be achieved only if the law allows them to be given effect in rem—that is, as proprietary rights. Legal systems have responded differently to the need for proprietary rights limited in time. Roman law created usufruct and other iura in re aliena; English law created different legal estates. Every system has faced similar problems. One issue has been the extent to which the holder of a limited interest should be restricted in his or her use and enjoyment in order to protect the holders of other interests in the same thing. A common core of principles regulates the relationship between those who hold temporary interests and the reversioners. For instance, every system forbids holder of the possessory interest to damage the thing arbitrarily. But other rules are more controversial. This study focuses upon the rules which do not forbid, but compel, certain courses of action.

Co-creating the Psychological “White Picket Fence”: Three Gay Couples’ Relationship Reconfiguration

2020 ◽  
Vol 8 (2) ◽  
Author(s):  
Prevan Moodley ◽  
Francois Rabie
Keyword(s):  
Grounded Theory ◽  
South African ◽  
Gay Couples ◽  
Core Category ◽  
Picket Fence ◽  
Open Relationship ◽  
The Individual ◽  
The Relationship ◽  
Porous Boundaries

Many gay couples engage in nonmonogamous relationships. Ideas about nonmonogamy have historically been theorised as individual pathology and indicating relational distress. Unlike mixed-sex couples, boundaries for gay couples are often not determined by sexual exclusivity. These relationships are built along a continuum of open and closed, and sexual exclusivity agreements are not restricted to binaries, thus requiring innovation and re-evaluation. Three white South African gay couples were each jointly interviewed about their open relationship, specifically about how this is negotiated. In contrast to research that uses the individual to investigate this topic, this study recruited dyads. The couples recalled the initial endorsement of heteronormative romantic constructions, after which they shifted to psychological restructuring. The dyad, domesticated through the stock image of a white picket fence, moved to a renewed arrangement, protected by “rules” and imperatives. Abbreviated grounded theory strategies led to a core category, “co-creating porous boundaries”, and two themes. First, the couple jointly made heteronormative ideals porous and, second, they reconfigured the relationship through dyadic protection. The overall relationship ideology associated with the white picket fence remained intact despite the micro-innovations through which the original heteronormative patterning was reconfigured.

ADMINISTRATIVE AND LEGAL STATUS OF THE CAPITAL OF UKRAINE - THE HERO CITY OF KYIV AS A GUARANTEE OF THE RIGHTS OF CITIZENS OF UKRAINE AND THE TERRITORIAL COMMUNITY OF THE CITY

2017 ◽  
Author(s):  
Oleksii Chepov ◽  
Keyword(s):  
Legal Status ◽  
Modern World ◽  
Legal Regime ◽  
Legal Doctrine ◽  
City Councils ◽  
The Social ◽  
District Management ◽  
Definition Of ◽  
The Relationship ◽  
The City

The qualitative and clear definition of the legal regime of the capital of Ukraine, the hero city of Kyiv, is influenced by its legislative enshrinement, however, it should be noted that discussions are ongoing and one of the reasons for the unclear legal status of the capital is the ambiguity of current legislation in this area. Separation of the functions of the city of Kyiv, which are carried out to ensure the rights of citizens of Ukraine and the functions that guarantee the rights of the territorial community of the city of Kyiv. In the modern world, in legal doctrine and practice, the capital is understood as the capital of the country, which at the legislative level received this status and, accordingly, is the administrative and political center of the state, which houses the main state bodies and diplomatic missions of other states. It is the identification of the boundaries of the relationship between the competencies of state administrations and local self-government, in practice, often raises questions about their delimitation and ways of regulatory solution. Peculiarities of local self-government in Kyiv city districts are defined in the provisions of the Law on the Capital, which reveal the norms of the Constitution in these legal relations, according to which the issue of organizing district management in cities belongs to city councils. Likewise, it is unregulated by law to lose the particularity of the legal status of the territory of the city. It should be emphasized that the subject of administrative-legal relations is not a certain administrative-territorial entity, but the social group is designated - the territorial community of the city of Kiev, kiyani. Thus, the provisions on the city of Kyiv partially ignore the potential of the territorial community.

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