In every country, law is shaped by the society in which it exists and, in turn, society is shaped by the law. Legal rules do not emerge in a vacuum; they are created within particular social, political, economic and historical conditions. Understanding society is, therefore, essential to understanding law. Law within South African society explores the intricate connections between law and the political, cultural and everyday realities of South African life.
Law within South African society examines the defining characteristics of contemporary South African society – including inequality, social justice, cultural diversity, the impact of globalisation and ongoing decolonisation efforts – while providing a robust foundation for critically analysing the transformative potential of law in society.
Contents include the following:
Theme 1: Law, society and the South African context
1. Law and South African society
2. International Law and South African society
3. Understanding globalisation in the South African context
Theme 2: Law as a tool for social transformation
4. Socio-economic rights and the transformation of society
5. The right to a basic education in South Africa: Legal frameworks and barriers to access
6. Reflections on housing in the South African context: Then and now
7. Aspects of labour law
8. A critical evaluation of the South African Unemployment Insurance Act: Recent developments
9. Social protection and poverty alleviation in the SADC region
Theme 3: Law, equality and vulnerable groups in society
10. The role of domestic violence protections and the impact of secondary victimisation within society
11. Understanding gender and work in the South African context
12. The child, the law and society
13. The child’s right to be heard: An integral part of the concept of “best interests” in the family context
Theme 4: Law, identity and social change
14. Law and the exercise of rights: An exploration into the influence of language ideologies (cultivated by law) and the exercise of language rights in education
15. The “cannabis candidate”: Is exclusion from the legal profession unfair discrimination?
Theme 5: Law, society and environmental futures
16. The environment and the law in South African society
Theme 6: Contemporary law, technology and society
17. Computer usage in the workplace and the emergence of Artificial Intelligence
18. Has the time come to recognise the “image” of an individual as an asset worthy of protection in a modern society?
