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The text provides a general introduction and overview of legal history and basic legal concepts, with associated, contextualised legal skills.
This title is part of an established Series which introduces various legal systems of the world. It provides an authoritative and accessible overview of the main branches of South African public, private and commercial law. Offering insight into the rich system of South African law, this title will be of particular interest to the international legal community. The South African legal system has not only developed fascinating mixtures of civil law and common law rules over more than a century, but has also experienced a post-apartheid South Africa. Of particular interest is the way in which so many branches of law have been infused by basic constitutional values. Many of the contributors have published work in their own fields and have considerable experience of presenting their subject matter in a broader comparative perspective. The succinct and balanced nature of the contributions makes this title attractive to a wide audience of academics, students and practitioners with an interest in this remarkable legal system.
Keywords: history, surveying, land tenure, land rights, cadastre, cadastral, professionalism, law, land administration, land policy, land boundaries, river, bank, high water mark, high-water mark, estuary, ICMA, mineral rights, international law, maritime zone, marine spatial planning, diagram, general plan, lease, sectional title, case law Explaining the principles of cadastral law and interpretation in practice, this is the first publication of its kind in over 45 years. It as a comprehensive text for aspiring and practicing professional land surveyors, those in the real property business, and those involved in land administration. Written for the South African practice environment, it will also be of interest to an international audience. The authors’ approach is progressive with the intent to inspire development to meet the needs of our society for secure land tenure for all. A broad range of topics are included: historical roots of tenure in the ancient world, the early development of the cadastre in South Africa, and development of the land surveying profession and professionalism. This provides context to the discussion on land law, tenure and rights; on legal institutions, on land administration, as well as government policies and reform imperatives. Defining property boundaries of rights in space is a particular challenge of the cadastral land surveyor. The chapters on the definition of beacons and boundaries cover a broad range of onshore and offshore application environments. They span the extent of ownership and limited real rights within the sovereign area of the Republic of South Africa. These environments include the air, the land surface and subterrestrial; coastal waters, and the sea bed. Particular attention is paid to complex river and coastal property boundaries. Case law is a key driver for changes in legislation and is also highly directive in terms of practice. The final chapter of the book is dedicated to a themed exploration of case law relating to beacons, boundaries, evidence, rights and restrictions. Cadastre: Principles and Practice will be an important addition to your professional bookshelf. Order it here: https://www.sagi.co.za/product/cadastre-principles-and-practice/
This book is exceptional in the sense that it provides an introduction to law in general rather than the law of one specific jurisdiction, and it presents a unique way of looking at legal education. It is crucial for lawyers to be aware of the different ways in which societal problems can be solved and to be able to discuss the advantages and disadvantages of different legal solutions. In this respect, being a lawyer involves being able to reason like a lawyer, even more than having detailed knowledge of particular sets of rules. Introduction to Law reflects this view by focusing on the functions of rules and on ways of arguing the relative qualities of alternative legal solutions. Where ‘positive’ law is discussed, the emphasis is on the legal questions that must be addressed by a field of law and on the different solutions which have been adopted by, for instance, the common law and civil law tradition. The law of specific jurisdictions is discussed to illustrate possible answers to questions such as when the existence of a valid contract is assumed.
Provides an innovative and accessible introduction to the principles and application of criminal law in South Africa.