Potchefstroom Electronic Law Journal最新文献_第6页

The Tsetse Fly Perched on the Scrotum: Publishing Problems in Academic Journals 栖息在阴囊上的采采蝇：学术期刊的出版问题

Potchefstroom Electronic Law Journal Pub Date : 2023-11-23 DOI: 10.17159/1727-3781/2023/v26i0a15778

A. Diala, Nejat Hussein

{"title":"The Tsetse Fly Perched on the Scrotum: Publishing Problems in Academic Journals","authors":"A. Diala, Nejat Hussein","doi":"10.17159/1727-3781/2023/v26i0a15778","DOIUrl":"https://doi.org/10.17159/1727-3781/2023/v26i0a15778","url":null,"abstract":"South Africa's research incentive system rewards faculty members and affiliates for publishing in outlets that are \"accredited\" by the Department of Higher Education and Training. This arguably perverse incentive makes academic research a potentially aggressive numbers game. It is compounded by factors such as undue delay in peer review, difficulty in securing expert evaluators, and poor understanding of who constitutes a \"peer\". Despite the \"publish or perish\" pressure on researchers and the prohibition of the parallel submission of manuscripts by many journals, there is negligible research on publishing problems in South African journals. Informed by a literature survey, editorial experience and conversations with colleagues, this article seeks a dialogue about these problems, which it characterises as a tsetse fly perched on the scrotum. On the one hand, the current incentive system commodifies outputs and diverts attention from building knowledge with socially responsive research to building the financial coffers of universities and authors. On the other hand, inappropriate editorial interpretations of a \"peer\" and the gratis nature of peer evaluation encumber the publishing process. We argue that this situation erodes academic excellence, encourages the growth of predatory journals, and potentially harms national development.","PeriodicalId":55857,"journal":{"name":"Potchefstroom Electronic Law Journal","volume":"41 41","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139245515","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Constitutional Damages – a Stagnant or a Changing Landscape? 宪法损害赔偿--停滞不前还是风云变幻？

Potchefstroom Electronic Law Journal Pub Date : 2023-11-23 DOI: 10.17159/1727-3781/2023/v26i0a15901

Andre Mukheibir

{"title":"Constitutional Damages – a Stagnant or a Changing Landscape?","authors":"Andre Mukheibir","doi":"10.17159/1727-3781/2023/v26i0a15901","DOIUrl":"https://doi.org/10.17159/1727-3781/2023/v26i0a15901","url":null,"abstract":"Section 38 of the Constitution of the Republic of South Africa, 1996 provides for appropriate relief where a right in the Bill of Rights has been infringed. In Fose v Minister of Safety and Security 1997 3 SA 786 (CC) the Constitutional Court raised the question of \"appropriate relief\" with reference to section 7(4)(a) of the Constitution of the Republic of South Africa Act 200 of 1993. In the Fose case the plaintiff claimed \"punitive constitutional damages\" together with delictual damages. While the court did not rule out an award for damages for the infringement, it did not award constitutional damages in that instance, specifically because the plaintiff claimed \"punitive constitutional damages\". The Fose case has been followed by most of the cases heard in the years after Fose was decided. In most instances where constitutional damages were claimed the courts, following Fose, have not awarded constitutional damages where delictual damages were available. The rules relating to constitutional damages are casuistic and it is submitted that the principle of subsidiarity could form a foundational principle to solve the problem of casuistry in this regard.","PeriodicalId":55857,"journal":{"name":"Potchefstroom Electronic Law Journal","volume":"114 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139242424","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Hands off our Intangible Cultural Heritage - Khoin v Jenkins in re: Observatory Civic Association v Trustees for the Time Being of the Liesbeek Leisure Properties Trust 放开我们的非物质文化遗产--Khoin 诉 Jenkins，关于：天文台公民协会诉 Liesbeek Leisure Properties Trust 暂时受托人案

Potchefstroom Electronic Law Journal Pub Date : 2023-11-23 DOI: 10.17159/1727-3781/2023/v26i0a17143

Peter Kantor

{"title":"Hands off our Intangible Cultural Heritage - Khoin v Jenkins in re: Observatory Civic Association v Trustees for the Time Being of the Liesbeek Leisure Properties Trust","authors":"Peter Kantor","doi":"10.17159/1727-3781/2023/v26i0a17143","DOIUrl":"https://doi.org/10.17159/1727-3781/2023/v26i0a17143","url":null,"abstract":"This case note analyses an appeal decision (Khoin v Jenkins in Re: Observatory Civic Association v Trustees for the Time Being of the Liesbeek Leisure Properties Trust [2023] 1 All SA 110 (WCC)) handed down in 2022 by the Western Cape High Court, its purpose being to identify the strengths and weaknesses of the decision and to comment on possible future developments. The text of the judgment is interpreted in the light of judicial precedent, literature and domestic (South African) and international law. One of the key findings is that \"intangible heritage\" is an integral part of both domestic and international law, and the Khoin-case gives judicial recognition to the concept as a part of South African heritage law. One of the main criticisms levelled against the judgment is that it does not adhere to judicial precedent in failing to find that the right to consultation of First Nations Peoples before administrative action is taken that allegedly violates their constitutional rights to intangible heritage is sufficient to satisfy the test for the existence of a prima facie right for the purposes of obtaining an interim interdict.","PeriodicalId":55857,"journal":{"name":"Potchefstroom Electronic Law Journal","volume":"102 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139243442","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Chief Justice Coke: Common Law v Royal Absolutism 首席大法官科克：普通法与皇家专制主义

Potchefstroom Electronic Law Journal Pub Date : 2023-11-23 DOI: 10.17159/1727-3781/2023/v26i0a15647

Robbie Robinson

引用次数: 0

Laudatio opgedra aan Willemien du Plessis 向维尔米安-杜普莱西斯致敬

Potchefstroom Electronic Law Journal Pub Date : 2023-11-23 DOI: 10.17159/1727-3781/2023/v26i0a17331

Nicou Olivier

引用次数: 0

Rising Tides: The Acquisition of Ownership by Alluvio in the Context of Sea Level Rise 潮起潮落：海平面上升背景下的阿卢维奥所有权收购

Potchefstroom Electronic Law Journal Pub Date : 2023-11-23 DOI: 10.17159/1727-3781/2023/v26i0a16463

Warren Freedman

{"title":"Rising Tides: The Acquisition of Ownership by Alluvio in the Context of Sea Level Rise","authors":"Warren Freedman","doi":"10.17159/1727-3781/2023/v26i0a16463","DOIUrl":"https://doi.org/10.17159/1727-3781/2023/v26i0a16463","url":null,"abstract":"One of the most significant consequences of the global climate crisis is that the rate at which sea levels are rising has accelerated over the past 100 years and will continue to do so for the next century. The accelerated rise in the global mean sea level will inevitably affect the rights and interests of the owners and occupiers of coastal land, especially of coastal land that is bounded by the high-water mark (agri non limitati). This is because changes in the location of the high-water mark brought about by rising sea levels will result either in the acquisition of coastal property where the high-water mark moves seaward or in the loss of coastal property where the high-water mark moves landward. The law relating to the loss or acquisition of coastal property as a result of changes in the location of the high-water mark may be traced back to the common law principles governing the acquisition of ownership by alluvion (alluvio) and the loss of ownership by erosion. As part of an attempt to address the consequences of sea level rise, section 14(5) of the National Environmental: Integrated Coastal Management Act 24 of 2008 has amended some of these common law principles. The purpose of this article is to set out and critically analyse the provisions of section 14(5).","PeriodicalId":55857,"journal":{"name":"Potchefstroom Electronic Law Journal","volume":"43 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139243206","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal History as the Perfect Vessel: Teaching with Infographics for the Development of Digital Visual Literacy Skills in Law Students 法律史是完美的容器：利用信息图表教学培养法学专业学生的数字视觉素养技能

Potchefstroom Electronic Law Journal Pub Date : 2023-11-23 DOI: 10.17159/1727-3781/2023/v26i0a15664

Andrea Bauling

{"title":"Legal History as the Perfect Vessel: Teaching with Infographics for the Development of Digital Visual Literacy Skills in Law Students","authors":"Andrea Bauling","doi":"10.17159/1727-3781/2023/v26i0a15664","DOIUrl":"https://doi.org/10.17159/1727-3781/2023/v26i0a15664","url":null,"abstract":"Digital literacy development must be regarded equally essential as the development of other literacies and critical thinking skills in Bachelor of Laws students. Because law teachers do not include visuals in learning materials, law students do not develop the skills to effectively interpret them. Digital visual literacy (DVL) is one of the core digital literacies law teachers can advance in their students to prepare them for our visually-driven world. Legal historical course material is the perfect vessel for visual learning materials in law, as these can effectively communicate the spacio-temporal aspects of legal history and legal historical development. A recent empirical study of the views of South African students of legal history indicated their positive sentiments toward a wide variety of visual learning materials and the inclusion of instructor-generated summary infographics in online learning materials. They were also in favour of the inclusion of descriptive visuals like timeline infographics containing additional visual elements in legal historical course content. The study also indicated that reading and interpreting infographics aid the development of DVL skills, and the more infographics students interact with, the better they become at interpreting them. Since the instructor-generated summary infographic can be designed to communicate information about a specific module, it is suited to teaching any legal content. Visual learning artefacts can be created and sourced in numerous ways, but the process can be time-consuming. Sharing these amongst colleagues and institutions as open educational resources (OER) will ultimately aid a collective project aimed at the development of the DVL skills of South African law students. The article provides examples of instructor-generated summary infographics based on legal historical course content, distributed as freely available OER.","PeriodicalId":55857,"journal":{"name":"Potchefstroom Electronic Law Journal","volume":"269 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139243263","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Innovative Approaches to the Division of an Inheritance in a Deceased Estate: Lessons from the Babylonians 2000-1600 BCE 遗产分割的创新方法：公元前 2000-1600 年巴比伦人的经验教训

Potchefstroom Electronic Law Journal Pub Date : 2023-11-23 DOI: 10.17159/1727-3781/2023/v26i0a13321

S. Van Wyk

引用次数: 0

My Mentor 我的导师

Potchefstroom Electronic Law Journal Pub Date : 2023-11-23 DOI: 10.17159/1727-3781/2023/v26i0a17243

Louis Jacobus Kotzé

引用次数: 0

The Impact of Environmental Regulation on the Investment Climate 环境监管对投资环境的影响

Potchefstroom Electronic Law Journal Pub Date : 2023-11-23 DOI: 10.17159/1727-3781/2023/v26i0a16378

Michael Faure

引用次数: 0