Discuss how the South African Constitution protects communication
Discuss how the South African constitution protects Communication Introduction This essay shall adopt a wide approach to the term 'communication'. According to Joseph Raz, communication includes: ... any act of symbolic expression undertaken with the intention that it be understood to be that by the public [it thus] covers not only all forms of language-dependant communication but also pictorial and musical communication and a whole range of symbolic acts such as picketing, displaying banners, wearing uniform ...it is essentially a right actively to participate in and contribute to the public culture.1 From this definition it is clear that communication covers a broad spectrum of activities. The purpose of this essay is firstly to show how the Constitution2 protects such activities from intrusion and infringement. It will be shown how the Constitution has placed various internal limitations and modifiers within the exercise of these activities so as to ensure their reasonability. Lastly, there will be a discussion of how s36 of the Constitution operates to ensure that all rights given in the Bill of Rights do not wrongly infringe the exercise of other rights or the public good. With reference to Raz's definition we shall, within the course of this submission, break down his definitional elements in an attempt to enumerate on the term communication.
In criminal law, there are several legal devises designed to protect the accused, one of which is the presumption of innocence, or the traditional rule that all suspects are treated as innocent until proven guilty.
Yen Hoang Tute # 4 27/5/2004 In criminal law, there are several legal devises designed to protect the accused, one of which is the presumption of innocence, or the traditional rule that all suspects are treated as innocent until proven guilty. Among other ends, the presumption of innocence embodies society's commitment to the notion that, until the matter is settled in the court of law, an accused is just as entitled to the rights afforded by the law to legal persons as is his accuser. In this sense, the presumption of innocence has several consequences. In forcing jurors and others members of the court to suspend their judgment until all the evidence have been heard and all arguments have been made, the presumption of innocence ensures that all criminal trials are taken seriously. Furthermore, as soon as a person is cast the role of the accused, he is put in a situation of a suspicious nature. Thus, it may be unavoidable that some jurors will enter his trial with some bias as to his innocence, and that some jurors will engage in estimating his probable guilt during the course of the trial. For these circumstances, the presumption of innocence is a reminder to all members of the court that this is not how a criminal procedure ought to be. Even though its value to the legal process as introduced seems to be a very normative one, the presumption of innocence is
What will Israel Be Like in 50 Years?
What Israel Will Be Like in 50 Years By Sylvie Kraus In just fifty-five years, Israel has built a thriving democracy; an economy whose per capita GNP exceeds the combined total of its four neighbors-Lebanon, Syria, Jordan, and Egypt; eight universities that contribute to advancing the world's frontiers of knowledge; a life expectancy that places it among the healthiest nations; a prolific culture utilizing an ancient language rendered contemporary; and an agricultural sector that has shown the world how to tame an arid land. However, despite these achievements, major challenges abound. The first and most obvious of these challenges is the "Peace process". If the issue is not resolved, then Israel does not have a bright future. If Israel gives up the territories, I see it staying much the same, with natural growth of the ultra religious population. If not, then it will either end up a bi-national state or apartheid-style Jewish state, neither of which are attractive or desirable options. The only viable alternative, in my opinion, is separation, which inexorably will lead toward Palestinian self-determination. Striking a balance between Palestinian national aspirations and Israeli security concerns is the key to finding a realistic solution, and the survival of both states; Israel and Palestine. Separation can be achieved through peaceful negotiations or by unilateral
Identify the Ethical Issues. Is H. B. Fuller morally responsible for the addiction of the street children to the Resistol Product?
H. B. Fuller Company was found in 1887, and is now a global manufacturer of Adhesives, sealants and other specialty chemicals. It has Operation in over 40 countries in the North America, Europe, Asia and Latin America. It was brought to the attention of the company, by newspaper articles, that children were abusing their products by inhaling. The glue contains TOLUENE, a sweet smelling chemical that destroys the inner organs and can result in death. Homeless children throughout Latin America had become addicted to inhaling the glue. Company received total revenues of $1,243 billion in 1995 up from $1,097 billion in 1994. (Increase of $146 billion). They also had a thirty eight (38) million increase in profits between 1994 - 1995. Fifteen percent (15 %) of sales revenue came from its Latin America operations, which accounted for 27% of its profits. $450,000 profits a year from glue sales in Central America. There was a suggestion to use Mustard seed oils was recommended, but was not implemented because it would not have shelf life required. In March 1989, legislation was passed which banned the product, but was later revoked. Certain steps were taken to correct the problem, such as: o Employing social workers o Discontinued selling in small jars. o Providing information to distributors Identify the Ethical Issues. Is H. B. Fuller morally responsible for the
Three laws of Competition: Coach on Renewal.
Coach : The Renewal Seven years ago, talking about "Coach" gives an idea of durable leather handbag. However, Coach has transformed its handbag business to be lifestyle product provider. With new image, Coach keep increasing sales year by year to $719M in 2002FY from $548M in 2000FY, becoming one of the fastest-growth company according to Businessweek's ranking. The question might come up about what change that make "new" Coach so successful. This paper analyzes the success of Coach with the insight from Jeffery William's strategy theory. Three laws of Competition: Coach on Renewal In 1941, six craftsmen started a family-run workshop in a loft in Manhattan, New York. These were not the top artists in the world of art and fashion; instead, they used the skills that passed down from parents and grandparents to handcraft a small set of leather goods. The first inspiration is to produce a high-quality leather handbag which is as durable as a baseball glove. They were able to sell some of these products and invest the money they made to expand the business, further dubbed Coach. As success begot success, Coach grew its sales and won the reputation of making good leather good. During these six decades, Coach has been known for durability and quality craftsmanship of its handbags.[wp1] From the founding to 1985, the company's sales grew from zero to 19 million. The following 12
Summary of the short story "Insignificant moments in the history of Hong Kong" taken from Xu Xi's History's Fiction: stories from the city of Hong Kong.
Summary The short story I have chosen is "Insignificant moments in the history of Hong Kong" taken from Xu Xi's History's Fiction: stories from the city of Hong Kong. The story consists of two diaries written on 30th June and 1st July 1997 which describe how the main character, Lam Yam Kuen, spent these two important days in Hong Kong's history. Through the description of Lam's visit to Uncle Check's restaurant and the dinner party at his workplace, the author shows the diverse feelings of Hong Kong people towards the handover of Hong Kong to her motherland, China. Author's background Xu Xi is a Chinese-Indonesian native of Hong Kong and she is one of Hong Kong's foremost contemporary English language novelists. She is described like a camera zooming down from the peaks and penthouses to close-ups of the crowded flats and side streets of Hong Kong. Her book is populated by ordinary people like Lam Yan Kuen and their daily lives. Through the stories of these nonentities, Xu Xi recounts the history of Hong Kong in today's voice. Her stories showcase the tension between the East-West relationships and the ambivalent feelings of Hong Kong people during post-colonialism and handover. Response to the story In this part, I will analyze some features (e.g. narrative perspective of the writer, setting, main character, plot line, atmosphere, leit motif and image,) of the story and
Outline the laws and government policies that have shaped and continue to affect Indigenous peoples experiences of criminal justice in Australia. Evaluate indigenous restorative justice alternatives and their appropriateness for cases of sexual a
Subject Code: 40066 Subject Name: Violence, Women and the Law Student ID Number: 270983 Word Count: 5000 Assignment Name or Number: 'Aboriginal victims of Aboriginal violence do not perceive the criminal justice system as a place where they might seek justice and relief from the daily attacks upon their personal and physical integrity. They feel themselves condemned to suffer.' (Pat O'Shane, 'Corroding the soul of the nation' (2002) 8 UNSW Law Journal Forum 5) Outline the laws and government policies that have shaped and continue to affect Indigenous peoples' experiences of criminal justice in Australia. Evaluate indigenous 'restorative justice' alternatives and their appropriateness for cases of sexual and family violence. You may like to develop some guidelines for non-Indigenous lawyers working in criminal justice positions with Indigenous survivors of sexual and domestic violence. VIOLENCE, WOMEN AND THE LAW I. INTRODUCTION Australia's laws and criminal justice system do not adequately address the issue of violence against indigenous women in their own community. Law and policies developed fail to adequately address the complexity of Aboriginal communities and value systems because they have been created without appropriate consultation or involvement of indigenous people. Further action is required to develop restorative justice alternatives, and to develop a
The Problems Associated with the Assessment of Risk in the context of Insurance.
THE PROBLEMS ASSOCIATED WITH THE ASSESSMENT OF RISK IN THE CONTEXT OF INSURANCE Risk assessment is used in an effort to quantify risk - the chance of negative consequence. Insurance firms or underwriters use risk assessment as the basis for their decision on whether to accept a client's risk and at what price or premium. Underwriters aim to use a method that is rational and that can subsequently be justifiedb. They construct models where they assess both the likelihood (probability) of a risk being realised and the impact (consequence) of its occurrenceb, models based on probability and consequence are not the only methods that can be used and are arguably not always the most appropriate. In this essay I focus on the problems with the probabilistic models used by underwriters; these stem from the complexities of accurately obtaining the probability of a risk being realised and its likely consequence. I highlight the difficulties in assessing risk when faced with a climate of constant environmental, economic and social change. I look at the difficulty in predicting an events impact, the weaknesses of the data used in assessment, the questionable predictive qualities of past histories and the problems arising from the need for substantial subjective involvement from the assessor. First though I discuss the problems associated with the assessors need to be aware of risk.
Domestic Violence - changes of law through history.
Introduction Wife beating has been condoned throughout most of history. Until the nineteenth century British Law gave husbands the right to beat their wives for what was called 'lawful correction'. This tradition was summarised by Blackstone in the late eighteenth century as follows: The husband also might give his wife moderate correction. For as he is to answer for her misbehaviour the law thought it reasonable to entrust him with this power of restraining her, by domestic chastisement in the same moderation that a man is allowed to correct hi servant or children. (Blackstone, 1996,vol1,432, cited in Pahl 1985) It was not until 1891 that the right of a husband to beat his wife was abolished. Throughout this essay I will be considering the more recent changes and challenges presented to police by the developments in the social acceptance of equality between partners and the development of a more victim orientated style of policing the domestic dispute. I will also be considering whether the current policing response is appropriate and what can be done in the future to identify and reduce domestic violence and assist victims. History of Domestic Violence Policing Prior to the 1970s violence against women in the home was generally thought of as a private matter. Couples were left a lone to sort out their differences except in cases involving serious injury. In 1975 the
Ferdin andTonnies wrote in Community and Association (1887) that “Just as language cannot be made by agreement…real concord cannot beartificially produced” How far, if at all, does this statement provide a clue to solving the puzzle.
Ferdinand Tonnies wrote in Community and Association (1887) (translation p.56) that "Just as language cannot be made by agreement...real concord cannot be artificially produced" How far, if at all, does this statement provide a clue to solving the puzzle of why so many attempts to create communes in modern societies have proved to be unsuccessful? Why have some succeeded? When Tonnies wrote about 'concord', he was talking in terms of Gemeinschaft and Gesellschaft bonds. Gemeinschaft bonds are the bonds that community is associated with. Gemeinschaft bonds are a mode of mentality and behaviour. The word Gemeinschaft means literally "Great similarity" representing the type of relationship that Gemeinschaft represents. These bonds manifested themselves in the form of kinship, blood relationships, intellectual ties, friendship and neighbourhood1. Life in a Gemeinschaft bond is intimate, private and involves living together. Tonnies himself said, "Gemeinschaft represents the truly human supreme form of community"2. It is a domestic kind of bond, and the strongest ties are found between mother and child, husband and wife and brother and sister. In a traditional society, Gemeinschaft bonds were the main forces that bound people together. The bonds took the form of social cohesion, the sense of being in a distinct group, sustained ties with the place the group live in and