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Experts on property law, land reform and social justice debate constitutional change and future of redistributive justice in South Africa.
Commercial law judgments, South Africa
Squatting and the State offers a new theoretical and methodological approach for analyzing state response to squatting, homelessness, empty land, and housing. Embedded in local, national, and transnational contexts, and reaching beyond conventional property theories, this important work sets out a fresh analytical paradigm for understanding the deep, interlocking problems facing not just the traditional 'victims' of narratives about homelessness and squatting but also a variety of other participants in these conflicts. Against the backdrop of economic, social, and political crises, Squatting and the State offers readers important insights about the changing natures of property, investment, housing, communities, and the multi-level state, and describes the implications of these changes for how we think and talk about property in law.
Successor to the 1997 publication : The constitutional property clause : a comparative analysis of section 25 of the South African Constitution of 1996.
This book argues for renewed understandings of academic activism, understandings that conceive of the ideas, arguments and scholarship of the academe as embedded within the practices of what the academy does. It examines why and how a renewed notion of academic activism informs a philosophy of higher education specifically in relation to teaching and learning. The book focuses on the theories and practices of teaching and learning, in particular how such pedagogical actions are guided by social, political and cultural influences outside of the university as a higher education institution. The authors advocate for a living philosophy of higher education that is commensurate with real actions and imaginary fictions of what constitutes higher education and what remains in becoming for the discourse. With a focus on South African social justice education, the book imagines pathways for academic activism to manifest in revolutionised pedagogical actions or actions that bring into contestation what already exists with the possibility for the cultivation of renewal.
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Transformative Property Law honours Professor AJ Van der Walt (1956-2016) - scholar, mentor, and teacher. As the first incumbent of the DST/NRF South African Research Chair in Property Law his primary research goal was to develop the theoretical foundations for the transformation of property law in post-apartheid South Africa. Transformative Property Law consists of 20 essays by a combination of senior and young scholars from South Africa, the United States of America, the United Kingdom, Ireland, the Netherlands, Belgium, and Zimbabwe. The essays focus on the themes that Professor Van der Walt developed during the first 10 years of the research chair, namely: (a) the single system of law an...
This book explores the challenge that the commons present to the private-public dichotomy in a wide variety of national legal systems representing the West European legal tradition as well as post-socialist and post-colonial experiences. It presents national reports from 13 jurisdictions, ranging from Belgium and the South Africa to the US. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative law.