Private Law and Human Rights: Bringing Rights Home in Scotland and South Africa - Hardcover

Daniel Visser; Elspeth Reid

Hardcover

ISBN 10: 0748684174 ISBN 13: 9780748684175

Publisher: Edinburgh University Press, 2013

Synopsis

Scotland and South Africa are mixed jurisdictions, combining features of common law and civil law traditions. Over the last decade a shared feature in both Scotland and South Africa has been a new intense focus on human rights. In Scotland the European Convention on Human Rights now constitutes an important element in the foundation of all domestic law. Similarly, the Constitution of the Republic of South Africa, adopted in 1996, has as its cornerstone a Bill of Rights that binds not only the legislature, the executive, the judiciary and all organs of state, but also private parties. Of course the "constitutional moments" from which these documents sprang were very different and the Scottish and South African experience in some aspects could not be more dissimilar. Yet in many respects the parallels are close and compelling. This book, written by experts from both jurisdictions, examines exactly how human-rights provisions influence private law, looking at all branches of the subject. Moreover, it gives a unique perspective by comparing the approach in these kindred legal systems, thus providing a benchmark for both. Key Features: Twenty comparative case studies in private law and human rights A challenging collaboration between South African and Scots Universities Considers the impact of a bill of fundamental human rights upon the legal relationships between private individuals

About this title

About the Author

Professor Daniel Visser is Professor of Private Law at the University of Cape Town and currently Deputy Vice-Chancellor at UCT. His main work has been in the law of unjustified enrichment, comparative law and legal history. He was co-editor of the South African Law Journal from the end of 1999 until he took up his present post and he continues to serve on the boards of various scholarly journals. He has more than a 100 publications to his credit, including several books, of which Unjustified Enrichment (2008) counts as his most important contribution. He is a member of the Academy of Science of South Africa and of the World Academy of Arts and Science, an associate member of the International Academy of Comparative Law and a Fellow of the University of Cape Town.Elspeth Reid is Professor of Scottish Private Law at the University of Edinburgh, She has published extensively in Scotland and abroad on comparative private law themes, including in particular the law of delict/tort. She is currently Series Editor of the Edinburgh Studies in Law monograph series.

From the Back Cover

A comparative investigation into the revolution in private law in the era of human rights Scotland and South Africa are mixed jurisdictions, combining features of common law and civil law traditions. Over the last decade a shared feature in both Scotland and South Africa has been a new and intense focus on human rights. In Scotland the European Convention on Human Rights now constitutes an important element in the foundation of all domestic law. Similarly, the Constitution of the Republic of South Africa, adopted in 1996, has as its cornerstone a Bill of Rights that binds not only the legislature, the executive, the judiciary and all organs of state, but also private parties. Of course the 'constitutional moments' from which these documents sprang were very different and the Scottish and South African experience in some aspects could not be more dissimilar. Yet in many respects the parallels are close and compelling. This book, written by experts from both jurisdictions, examines exactly how human-rights provisions influence private law, looking at all branches of the subject. Moreover, it gives a unique perspective by comparing the approach in these kindred legal systems, thus providing a benchmark for both. Elspeth Reid is Professor of Scottish Private Law at the University of Edinburgh, She has published extensively in Scotland and abroad on comparative private law themes, including in particular the law of delict/tort. She is currently Series Editor of the 'Edinburgh Studies in Law' monograph series. Daniel Visser is currently Deputy Vice-Chancellor responsible for research at the University of Cape Town, where he has held a Chair in Private Law since 1984. His main work has been in the law of unjustified enrichment and comparative law, which included co-editing Mixed Legal Systems in Comparative Perspective: Property and Obligations in Scotland and South Africa (2004) and authoring Unjustified Enrichment (2008). Cover image: All Human Beings are Born Free and Equal in Dignity and Rights, 1998 (acrylic on board), Ron Waddams (1920-2010) (c) Private Collection / The Bridgeman Art Library. Cover design: [EUP logo] www.euppublishing.com

From the Inside Flap

A comparative investigation into the revolution in private law in the era of human rightsScotland and South Africa are mixed jurisdictions, combining features of common law and civil law traditions. Over the last decade a shared feature in both Scotland and South Africa has been a new and intense focus on human rights.In Scotland the European Convention on Human Rights now constitutes an important element in the foundation of all domestic law. Similarly, the Constitution of the Republic of South Africa, adopted in 1996, has as its cornerstone a Bill of Rights that binds not only the legislature, the executive, the judiciary and all organs of state, but also private parties. Of course the constitutional moments from which these documents sprang were very different and the Scottish and South African experience in some aspects could not be more dissimilar. Yet in many respects the parallels are close and compelling.This book, written by experts from both jurisdictions, examines exactly how human-rights provisions influence private law, looking at all branches of the subject. Moreover, it gives a unique perspective by comparing the approach in these kindred legal systems, thus providing a benchmark for both.Elspeth Reid is Professor of Scottish Private Law at the University of Edinburgh, She has published extensively in Scotland and abroad on comparative private law themes, including in particular the law of delict/tort. She is currently Series Editor of the Edinburgh Studies in Law monograph series.Daniel Visser is currently Deputy Vice-Chancellor responsible for research at the University of Cape Town, where he has held a Chair in Private Law since 1984. His main work has been in the law of unjustified enrichment and comparative law, which included co-editing Mixed Legal Systems in Comparative Perspective: Property and Obligations in Scotland and South Africa (2004) and authoring Unjustified Enrichment (2008).Cover image: All Human Beings are Born Free and Equal in Dignity and Rights, 1998 (acrylic on board), Ron Waddams (1920 2010) © Private Collection / The Bridgeman Art Library.Cover design:[EUP logo]www.euppublishing.com

Edition details

• Publisher: Edinburgh University Press
• Publication date: 2013
• Language: English
• ISBN 10: 0748684174
• ISBN 13: 9780748684175
• Binding: Hardcover
• Edition number: 1
• Number of pages: 576
• Editor: Daniel Visser, Elspeth Reid