Erratum

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Books

A Sceptic's Medical Dictionary* By Michael O'Donnell. Pp 209. RHO. London: BMJ. 1997.ISBN 0-7279-1204-6. Jonathan Spencer JonesNeurological Investigations* Edited by RAC Hughes. Pp. 511. £51. London: BMJ. 1997.ISBN 0-7279-1080-9. S LouwGenetics. A Popular Guide to the Principles of Human Heredity Parts 1, 2 and 3 (Videos). Animated Biochemical Productions. R1 200 (including postage, import duty and VAT). Westmead, Australia: Animated Biomedical Productions (Westmead Neurological Centre). 1997. P Beighto

Die vrou wat alleen bly

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Media freedom – journal challenges

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The urgent necessity for an all-encompassing ideal of re­form for South Africa 1

In view of the ironies of the realisation of the democratic ideal, which often do not answer to the exaggerated expectations of the participants, the idea of the regstaat is investigated as an "overriding purpose or transcending value" for reform in South Africa . Important facets emerge with regard to the concept of the regstaat in the legal and political development of the Greeks and Romans w ith the institutionalization of the idea th a t the state is a res publica, and especially the influence of the Roman ius gentium is visible in the legal and political development in Western Europe via the reception of Roman law in the development of the modern differentiated civil law which is based on the fundamental human rights of civil freedom and equality (independent of nationality, public legal status, race, religion etc.) of all people and all societal forms within the territory of the state. A study of the development of the regstaat in England indicates that the institutionalization of the concept of rule of law developed during the "Glorious Revolution" prior to the actual development of the individual political right of the English citizen. Through this it becomes clear that the institutionalization of the regstaat is not necessarily dependent on democracy. While the idea of democracy stresses political freedom and participation, the concept of rule of law goes much further and encompasses not only the sphere of public law (within which political rights constitute apart) but also the sphere of civil law and the curtailment of the power of government with respect to the sphere of internal jurisdiction of the non-state societal forms. Be­ cause of the problems which reform in South Africa faces, the emphasis on political participation for the immediate future can be counter-productive for the institutionalization of the regstaat. The concept of the regstaat which has to be incorporated in a declaration of intent will link reform in South Africa to crite ria of freedom which should be acceptable to all groups and individuals. With the concept of the regstaat as an ideal of reform which should also guide the immediate reforms of the present government, negotiations can be conducted in a more relaxed and less polarized situation - honestly and openly, not only with regard to its institutionalization but also with regard to an eventual time schedule

Books

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Regswetenskap en regsfilosofie: ’n onontkombare vennootskap

In this article the relationship between legal philosophy and legal science is compared with that of a partnership which implies that the partners have distinct reciprocal duties. In such a partnership a reformational approach in legal philosophy has the task of convincing other legal scientists that the former can make a meaningful contribution towards raising the level of legal research and education. This does not mean that legal scientists have to become legal philosophers; they do however, have the responsibility to take cognisance of important basic theoretical insights developed by a reformational legal philosophy. Such an approach could preclude them from attempts to reinvent the legal philosophical wheel, especially if they are prepared to stand on the shoulders of a long array of legal philosophical giants. The application of basic concepts of a reformational legal philosophy should, however, be done in a creative way in order to prevent them from becoming epigones. The danger of legal philosophical systematics becoming an intellectual straitjacket could only be avoided if it remains open (i) towards its own presuppositions, (ii) towards legal reality encompassing positive law and legal principles, (iii) towards other legal theories and (iv) towards other relevant disciplines. Furthermore, the possibility of a secularization of the contributions of a reformational legal philosophy is discussed. In conclusion the need for the acceptance of dynamic supra-arbitrary legal principles and possible contributions of a reformational legal philosophy accepting them, is underlined