Equality and unfair discrimination: refining the Harksen test
- Authors: Krüger, Rósaan
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/68890 , vital:29336 , https://hdl.handle.net/10520/EJC53981
- Description: Publisher version , The 1997 formulation of the test in Harksen by Constitutional Court seemed to settle the constitutional standards in respect of equality and unfair discrimination. In this article this test is scrutinised closely with a view to clarify the different aspects of the right protected in s 9. Reliance is further placed on Canadian commentary which interrogates the dignity-centred analysis of the Canadian Supreme Court in relation to the Canadian Charter's prohibition of discrimination. The similar insistence on dignity as the interest protected by the right to equality opens up new possibilities in the South African context. Accordingly, specific 'wrongs' or 'indignities' of inequality are identified, which refines the Harksen test. The identification of the indignities, it is suggested, assists litigants and the court on a practical level when determining the fairness or otherwise of discrimination.
- Full Text: false
- Date Issued: 2011
- Authors: Krüger, Rósaan
- Date: 2011
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/68890 , vital:29336 , https://hdl.handle.net/10520/EJC53981
- Description: Publisher version , The 1997 formulation of the test in Harksen by Constitutional Court seemed to settle the constitutional standards in respect of equality and unfair discrimination. In this article this test is scrutinised closely with a view to clarify the different aspects of the right protected in s 9. Reliance is further placed on Canadian commentary which interrogates the dignity-centred analysis of the Canadian Supreme Court in relation to the Canadian Charter's prohibition of discrimination. The similar insistence on dignity as the interest protected by the right to equality opens up new possibilities in the South African context. Accordingly, specific 'wrongs' or 'indignities' of inequality are identified, which refines the Harksen test. The identification of the indignities, it is suggested, assists litigants and the court on a practical level when determining the fairness or otherwise of discrimination.
- Full Text: false
- Date Issued: 2011
Capitalism and natural rights: Marx, Locke and the moral justification of capitalism: inaugural lecture delivered at Rhodes University
- Authors: Beard, T V R
- Date: 1979-07-25
- Subjects: Capitalism , Marx, Karl, 1818-1883 , Locke, John, 1632-1704
- Language: English
- Type: Text
- Identifier: vital:595 , http://hdl.handle.net/10962/d1020664
- Description: Inaugural lecture delivered at Rhodes University , Rhodes University Libraries (Digitisation) , ONE of the commonplaces among political philosophers and theorists is the contempt with which Marx regarded Natural Rights theory. In 1843 he wrote that "the so-called rights of man, the droit de l'homme as distinct from the droit du citoyen, are nothing but the rights of a member of civil society, that is the rights of egoistic man, of man separated from other men and from the community." And again "the real man is recognised only in the shape of the egoistic individual, the true man is recognised only in the shape of the abstract citoyen."1 Marx saw Natural Rights as means for the justification of capitalism, and so, as justifying inequalities of wealth and property-ownership. And of course it is true that many writers, in supporting Natural Rights, have stressed, as Stuart Brown expresses it, that "They are the rights of a man to the protection of what is in his interest. The moral interests of one man may differ radically from those of another. Different men may have radically different needs and capacities. And these differences, in conjunction with unavoidable differences in opportunity, produce differences in estate. "2 Expressions of this kind make clear the point of Marx's critique. I wish tonight to argue and to attempt to establish two main theses. The first is that, despite Marx's expressed attitudes to Natural Rights, his own theory of capitalism cannot easily be disentangled from Natural Rights theory, and, if my argument is right, it in fact depends upon it. Secondly, I shall try to show, through an examination of the theories of John Locke, that if Natural Rights theory is to be taken seriously, it is at odds with the very capitalist theory which it is generally taken to support, and that Natural Rights cannot therefore provide an adequate under-pinning of capitalism, at least not without generating self-contradictions within the theory of Natural Rights. If the arguments which I shall present are right, I shall hope to have established what might be termed two paradoxes.
- Full Text:
- Date Issued: 1979-07-25
- Authors: Beard, T V R
- Date: 1979-07-25
- Subjects: Capitalism , Marx, Karl, 1818-1883 , Locke, John, 1632-1704
- Language: English
- Type: Text
- Identifier: vital:595 , http://hdl.handle.net/10962/d1020664
- Description: Inaugural lecture delivered at Rhodes University , Rhodes University Libraries (Digitisation) , ONE of the commonplaces among political philosophers and theorists is the contempt with which Marx regarded Natural Rights theory. In 1843 he wrote that "the so-called rights of man, the droit de l'homme as distinct from the droit du citoyen, are nothing but the rights of a member of civil society, that is the rights of egoistic man, of man separated from other men and from the community." And again "the real man is recognised only in the shape of the egoistic individual, the true man is recognised only in the shape of the abstract citoyen."1 Marx saw Natural Rights as means for the justification of capitalism, and so, as justifying inequalities of wealth and property-ownership. And of course it is true that many writers, in supporting Natural Rights, have stressed, as Stuart Brown expresses it, that "They are the rights of a man to the protection of what is in his interest. The moral interests of one man may differ radically from those of another. Different men may have radically different needs and capacities. And these differences, in conjunction with unavoidable differences in opportunity, produce differences in estate. "2 Expressions of this kind make clear the point of Marx's critique. I wish tonight to argue and to attempt to establish two main theses. The first is that, despite Marx's expressed attitudes to Natural Rights, his own theory of capitalism cannot easily be disentangled from Natural Rights theory, and, if my argument is right, it in fact depends upon it. Secondly, I shall try to show, through an examination of the theories of John Locke, that if Natural Rights theory is to be taken seriously, it is at odds with the very capitalist theory which it is generally taken to support, and that Natural Rights cannot therefore provide an adequate under-pinning of capitalism, at least not without generating self-contradictions within the theory of Natural Rights. If the arguments which I shall present are right, I shall hope to have established what might be termed two paradoxes.
- Full Text:
- Date Issued: 1979-07-25
The narrative of vulnerability and deprivation in protection regimes for the internally displaced persons (IDPs) in Africa: an appraisal of the Kampala Convention
- Authors: Juma, Laurence
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/128448 , vital:36110 , https://heinonline.org/HOL/Page?handle=hein.journals/laacydev16amp;div=14amp;g_sent=1amp;casa_token=amp;collection=journals
- Description: Prior to the 1990s, the phenomenon of internal displacement did not attract much attention from the international community. Most states, suspicious of the external interests in what they considered to be a purely internal matter were not keen to expose difficulties or suffering of their displaced citizens. And insistence on protection of the internally displaced by international organisations was seen as an affront to sovereignty.
- Full Text: false
- Date Issued: 2012
- Authors: Juma, Laurence
- Date: 2012
- Language: English
- Type: text , article
- Identifier: http://hdl.handle.net/10962/128448 , vital:36110 , https://heinonline.org/HOL/Page?handle=hein.journals/laacydev16amp;div=14amp;g_sent=1amp;casa_token=amp;collection=journals
- Description: Prior to the 1990s, the phenomenon of internal displacement did not attract much attention from the international community. Most states, suspicious of the external interests in what they considered to be a purely internal matter were not keen to expose difficulties or suffering of their displaced citizens. And insistence on protection of the internally displaced by international organisations was seen as an affront to sovereignty.
- Full Text: false
- Date Issued: 2012
SACCAWU - NSSC Treasurer’s Report & NSSC Finances
- SACCAWU
- Authors: SACCAWU
- Date: Oct 2007
- Subjects: SACCAWU
- Language: English
- Type: text
- Identifier: http://hdl.handle.net/10962/113891 , vital:33842
- Description: Comrades, this historical 3rd National Summit is convened at a time when the National Democratic Revolution is under attack left, right and centre. We have recently held an ANC Policy Conference; SACP National Congress and COSATU Central Committee, as well as SACCAWU National Bargaining Conference. These Alliance meetings took a number of resolutions for implementation. One has observed a very sorry state of affairs in that some shopstewards who are seen to be very prominent in Shoprite meetings, do not attend SACCAWU structures, let alone COSATU, ANC & SACP structures. This Summit will have to discuss on how we are to revive structures at Shoprite and participation in the aforementioned structures. For the record, it will prudent for one to bring to the notice of the Summit that to date, we have concluded a hand-over of which I will elaborate under NFC in this Report.
- Full Text:
- Date Issued: Oct 2007
- Authors: SACCAWU
- Date: Oct 2007
- Subjects: SACCAWU
- Language: English
- Type: text
- Identifier: http://hdl.handle.net/10962/113891 , vital:33842
- Description: Comrades, this historical 3rd National Summit is convened at a time when the National Democratic Revolution is under attack left, right and centre. We have recently held an ANC Policy Conference; SACP National Congress and COSATU Central Committee, as well as SACCAWU National Bargaining Conference. These Alliance meetings took a number of resolutions for implementation. One has observed a very sorry state of affairs in that some shopstewards who are seen to be very prominent in Shoprite meetings, do not attend SACCAWU structures, let alone COSATU, ANC & SACP structures. This Summit will have to discuss on how we are to revive structures at Shoprite and participation in the aforementioned structures. For the record, it will prudent for one to bring to the notice of the Summit that to date, we have concluded a hand-over of which I will elaborate under NFC in this Report.
- Full Text:
- Date Issued: Oct 2007