The unruly horse: Reflections on the rule of law
Critics often say that certain aspects of South African law or of the South African societal structure constitute infringements of the rule of law. One is left by these critics with a general notion that the rule of law is some sort of Sollensprinzip applying to positive law, i.e. a criterion for th...
| Main Author: | |
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| Format: | Article |
| Language: | Afrikaans |
| Published: |
Scriber Editorial Systems
1975-01-01
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| Series: | Koers : Bulletin for Christian Scholarship |
| Online Access: | https://www.koersjournal.org.za/index.php/koers/article/view/848 |
| _version_ | 1818897891632087040 |
|---|---|
| author | J.D. van der Vyver |
| author_facet | J.D. van der Vyver |
| author_sort | J.D. van der Vyver |
| collection | DOAJ |
| description | Critics often say that certain aspects of South African law or of the South African societal structure constitute infringements of the rule of law. One is left by these critics with a general notion that the rule of law is some sort of Sollensprinzip applying to positive law, i.e. a criterion for the evaluation of legal rules and systems, and that mainly those measures which are being employed in South Africa to substantiate the policy of separate development in the field of race relations and most of the provisions for safeguarding state security are in conflict with its principles. As such this mystical concept is being used to bring the basic structure of the South African way of living into disrepute; and the urgency of the situation necessitates all who are compelled to plan their future in our sub-continent to take careful note of its exact meaning, function and contents. A philosophical survey of contemporary society within the context of the South African situation will therefore be incomplete if it were to omit an analysis of the rule of law. |
| first_indexed | 2024-12-19T19:23:23Z |
| format | Article |
| id | doaj.art-706705278d0d449bbb30aef588376abb |
| institution | Directory Open Access Journal |
| issn | 0023-270X 2304-8557 |
| language | Afrikaans |
| last_indexed | 2024-12-19T19:23:23Z |
| publishDate | 1975-01-01 |
| publisher | Scriber Editorial Systems |
| record_format | Article |
| series | Koers : Bulletin for Christian Scholarship |
| spelling | doaj.art-706705278d0d449bbb30aef588376abb2022-12-21T20:08:54ZafrScriber Editorial SystemsKoers : Bulletin for Christian Scholarship0023-270X2304-85571975-01-01404-610.4102/koers.v40i4-6.848The unruly horse: Reflections on the rule of lawJ.D. van der Vyver0PU for CHECritics often say that certain aspects of South African law or of the South African societal structure constitute infringements of the rule of law. One is left by these critics with a general notion that the rule of law is some sort of Sollensprinzip applying to positive law, i.e. a criterion for the evaluation of legal rules and systems, and that mainly those measures which are being employed in South Africa to substantiate the policy of separate development in the field of race relations and most of the provisions for safeguarding state security are in conflict with its principles. As such this mystical concept is being used to bring the basic structure of the South African way of living into disrepute; and the urgency of the situation necessitates all who are compelled to plan their future in our sub-continent to take careful note of its exact meaning, function and contents. A philosophical survey of contemporary society within the context of the South African situation will therefore be incomplete if it were to omit an analysis of the rule of law.https://www.koersjournal.org.za/index.php/koers/article/view/848 |
| spellingShingle | J.D. van der Vyver The unruly horse: Reflections on the rule of law Koers : Bulletin for Christian Scholarship |
| title | The unruly horse: Reflections on the rule of law |
| title_full | The unruly horse: Reflections on the rule of law |
| title_fullStr | The unruly horse: Reflections on the rule of law |
| title_full_unstemmed | The unruly horse: Reflections on the rule of law |
| title_short | The unruly horse: Reflections on the rule of law |
| title_sort | unruly horse reflections on the rule of law |
| url | https://www.koersjournal.org.za/index.php/koers/article/view/848 |
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