Constitutional Analysis of Intellectual Property

This article analyses the Constitutional Court’s treatment of property interests in the face of state regulation to gain an understanding of the type of state interference that is justifiable in terms of section 25(1) of the Bill of Rights. This is done by examining the Constitutional Court’s dicta relating to the meaning of deprivation and how these inform the meaning of property in the constitutional context. The methodology that the Constitutional Court has formulated to assess if state interference complies with the provisions of section 25 is explained to show the type of state regulation that has been found legitimate. We then consider how this understanding of constitutional property and the state’s legitimate exercise of its inherent police power interact in the setting of intellectual property by contrasting the various policy objectives underlying the different statutory regimes governing intellectual property. This theoretical analysis is then applied to two contemporary examples of feasible state interference with existing intellectual property interests, namely the proposed plain packaging measures which severely restrict the use of tobacco trade marks, and a fair dealing exception allowing the use of copyright works for the purpose of parody. These examples serve to illustrate the context and manner in which intellectual property interests may come before the Court and the necessary differentiation with which these interests should be treated. The appropriate judicial assessment of the true impact that state action could have on vested property interests is explained and contrasted with the balancing exercise that is employed at the earlier stage of policy making. This discussion is concluded by highlighting some of the interpretational issues that will arise and how some constitutional values could be curtailed in the absence of legislative intervention.   &nbsp

Discipline in Education

This book addresses a perennial challenge to the success of the South African education system, namely, discipline. This volume steers the interrogation of discipline in a new direction, reflecting on ways in which recent research can benefit South African schools. This includes the need for alternative discipline that will enhance education. The scholarly contribution lies in its in-depth exploration of the relevance of research findings to South African schools and to the twenty-first-century socio-political environment. For the first time, scholarly interrogation of the issue of learner discipline in South African schools draws on indigenous knowledge systems. Its post-colonial and decolonial perspectives offer an ethical and moral compass for behaviour that could contribute to the well-being of South African society (and other societies similarly afflicted by anti-social behaviour). The book offers a range of perspectives on the debates on discipline and associated issues, and should stimulate future discussions on discipline and indiscipline at a time when South Africa and many other societies engage with the effects of social and political transformation. This scholarly book is aimed at academics and researchers. The contributors include philosophers, moralists, corporativists, education law specialists, curriculum specialists, specialists in education and culture, advocates of ubuntu, and people using meta-syntheses of approaches and practices and religious practices such as a Christian ethical/moral approach to parental and school discipline. They draw on their insights into postcolonialism, the impact of indigenous knowledge, theories of agency, dysfunctionality and school underperformance. The book offers an intriguing depiction of opposing views on discipline

Discipline in Education

This book addresses a perennial challenge to the success of the South African education system, namely, discipline. This volume steers the interrogation of discipline in a new direction, reflecting on ways in which recent research can benefit South African schools. This includes the need for alternative discipline that will enhance education. The scholarly contribution lies in its in-depth exploration of the relevance of research findings to South African schools and to the twenty-first-century socio-political environment. For the first time, scholarly interrogation of the issue of learner discipline in South African schools draws on indigenous knowledge systems. Its post-colonial and decolonial perspectives offer an ethical and moral compass for behaviour that could contribute to the well-being of South African society (and other societies similarly afflicted by anti-social behaviour). The book offers a range of perspectives on the debates on discipline and associated issues, and should stimulate future discussions on discipline and indiscipline at a time when South Africa and many other societies engage with the effects of social and political transformation. This scholarly book is aimed at academics and researchers. The contributors include philosophers, moralists, corporativists, education law specialists, curriculum specialists, specialists in education and culture, advocates of ubuntu, and people using meta-syntheses of approaches and practices and religious practices such as a Christian ethical/moral approach to parental and school discipline. They draw on their insights into postcolonialism, the impact of indigenous knowledge, theories of agency, dysfunctionality and school underperformance. The book offers an intriguing depiction of opposing views on discipline

[En]gendering the norms of customary inheritance in Botswana and South Africa

The article responds to the article by Weinberg in this issue. She traces the trajectory of court hearings concerning the contested inheritance of land in Botswana, which, after several prior judgements eventually resulted in a positive outcome for the woman litigants. I acknowledge the author’s key argument, which concerns the impact of power relations on the construction of customary law and the reproduction of knowledge in the courts. Certain versions of “custom” were promoted and others stilled to the disadvantage of women. I argue that the normative patterns of landholding are indeed gendered, but do not result in a binary structure of men and women. “Gender” should be disaggregated to take into account a range of status criteria within and across the categories of male and female in order to understand the differential impact of social relations on the outcomes of property struggles. The normative lines of property transmission frequently follow a logic of “family property” that allows for qualifying women to rights of property. Family property has vastly different social and legal consequences to private, individualised property rights. The corollary is that it is misleading to speak of the processes of succession to rights of access to, and control of customary property in terms of one-to-one “inheritance” of land. The concept of “living law” inadequately reflects these social dynamics.IBS

Multi-messenger observations of a binary neutron star merger

On 2017 August 17 a binary neutron star coalescence candidate (later designated GW170817) with merger time 12:41:04 UTC was observed through gravitational waves by the Advanced LIGO and Advanced Virgo detectors. The Fermi Gamma-ray Burst Monitor independently detected a gamma-ray burst (GRB 170817A) with a time delay of ~1.7 s with respect to the merger time. From the gravitational-wave signal, the source was initially localized to a sky region of 31 deg2 at a luminosity distance of 40+8-8 Mpc and with component masses consistent with neutron stars. The component masses were later measured to be in the range 0.86 to 2.26 Mo. An extensive observing campaign was launched across the electromagnetic spectrum leading to the discovery of a bright optical transient (SSS17a, now with the IAU identification of AT 2017gfo) in NGC 4993 (at ~40 Mpc) less than 11 hours after the merger by the One- Meter, Two Hemisphere (1M2H) team using the 1 m Swope Telescope. The optical transient was independently detected by multiple teams within an hour. Subsequent observations targeted the object and its environment. Early ultraviolet observations revealed a blue transient that faded within 48 hours. Optical and infrared observations showed a redward evolution over ~10 days. Following early non-detections, X-ray and radio emission were discovered at the transient’s position ~9 and ~16 days, respectively, after the merger. Both the X-ray and radio emission likely arise from a physical process that is distinct from the one that generates the UV/optical/near-infrared emission. No ultra-high-energy gamma-rays and no neutrino candidates consistent with the source were found in follow-up searches. These observations support the hypothesis that GW170817 was produced by the merger of two neutron stars in NGC4993 followed by a short gamma-ray burst (GRB 170817A) and a kilonova/macronova powered by the radioactive decay of r-process nuclei synthesized in the ejecta

A scholarly inquiry into disciplinary practices in educational institutions

This book is a collection of chapters based on original research dealing with issues of discipline and disciplinary practices in educational institutions. The aim of the book is to provide a scholarly and scientific perspective on the current state of discipline and disciplinary practices in schools and tertiary education settings. The issue of discipline is investigated from diverse paradigmatic and methodological perspectives, presenting empirical as well as also philosophical research. The empirical perspective includes quantitative (positivistic), qualitative (interpretive) and mixed methods (pragmatic), designs and worldviews. This book offers a ground-breaking contribution to the field of learner and student discipline, with insights into disciplinary practices and issues in educational institutions not hitherto researched, such as Technical Vocational Education and Training colleges and universities

A scholarly inquiry into disciplinary practices in educational institutions

This book is a collection of chapters based on original research dealing with issues of discipline and disciplinary practices in educational institutions. The aim of the book is to provide a scholarly and scientific perspective on the current state of discipline and disciplinary practices in schools and tertiary education settings. The issue of discipline is investigated from diverse paradigmatic and methodological perspectives, presenting empirical as well as also philosophical research. The empirical perspective includes quantitative (positivistic), qualitative (interpretive) and mixed methods (pragmatic), designs and worldviews. This book offers a ground-breaking contribution to the field of learner and student discipline, with insights into disciplinary practices and issues in educational institutions not hitherto researched, such as Technical Vocational Education and Training colleges and universities

Catalogo da Exposição de História do Brazil realizada pela Biblioteca Nacional do Rio de Janeiro a 2 de dezembro de 1881

O v. 4 é um suplemento.Annaes da Bibliotheca Nacional do Rio de Janeiro, v.9.Catálogo da Exposição de História do Brasil organizada pela Biblioteca Nacional e inaugurada em 2 de dezembro de 1881, com duração de um mês. Constavam entre os itens da exposição, manuscritos, livros, mapas, pinturas, gravuras, medalhas, moedas, estátuas e outros. O objetivo da exposição seria uma mostra de História do Brasil, por meio de toda sorte de publicações provindas de qualquer época, e com a contribuição de todo o país. Segundo o relato de Rubens Borba de Moraes, a ideia da exposição seria do Barão Homem de Melo e a execução do Diretor da Biblioteca Nacional, Ramiz Galvão. Parece que, por ter sido organizada às pressas, poucas províncias contribuíram para ela, menos ainda as repartições do Império e particulares. Acabou sendo, quase completamente, um catálogo de documentos de História do Brasil da Biblioteca Nacional. Muitas obras que não pertenciam à BN, na época da exposição, acabaram, com o tempo, incorporadas a ela. Seu arranjo é por classes e em seguida por temas. Rubens Borba diz que a redação do catálogo é muito deficiente , sua classificação arbitrária , a descrição bibliográfica, no que respeita a livros raros, insuficiente e os poucos comentários que contém nada adiantam . A consulta ao catálogo é reconhecidamente laboriosa . Classifica-o como mais um catálogo de biblioteca, contendo muita brasiliana . Apesar da crítica de Rubens Borba, é, no entanto, fonte amplamente conhecida e conceituada dentro da historiografia brasileira