On baking a cake : the phenomenological method in positive psychology

Abstract: The field of positive psychology has burgeoned since its formal inception with Martin Seligman’s 1998 APA presidential address. Aimed at better baking the positive half of the psychology “cake”, the gains in research and practice over the past decade and a half have been substantial. Among the chief reasons for the rapid growth and development in this field is the express emphasis on a positivistic scientific methodology. While this methodology has undoubtedly contributed much to the evolution and growth of the field, the empirical emphasis has arguably resulted in the concomitant neglect of the more qualitative complexities of optimal human functioning. The present paper contributes to the discussion regarding the role of method in the field of positive psychology and, using as case studies two papers from the field of phenomenology, argues specifically for the utility of phenomenological psychological methods in the baking of the metaphorical psychology cake. The case studies effectively serve to illustrate the manner in which phenomenological methods, through their focus on rich description and resistance to an interpretative framework, are condusive to contributing to methodological pluralism within positive psychology and thereby providing additional means whereby not only to continue the baking of the positive psychology cake, but, more particularly, to ensure that it is baked thoroughly by adjusting the oven’s heat to the optimal level

Book review:Bernard Bekink’s Principles of South African Local Government Law

No Abstract

Land restitution through the lens of environmental law: Some comments on the South African vista

Land reform in South Africa and the realisation of the section 25 property clause of the Constitution of South Africa, 1996 (hereafter the Constitution) is seen as an integral step in the democratisation process as well as in the social and economic empowerment of previously marginalised groups. For many, the true test for political transformation will be whether land needs (including protection of and care for the environment) are addressed effectively and in a sustainable manner. In recent years, however, government’s addressing of land needs has become a highly controversial issue, especially where land that vests in private owners is claimed back because of its status as ancestral land.Land reform may strongly impact on the environment and sustainable development as protected in section 24 of the Constitution since it involves vast hectares of land, other environmental media and people. Restitution of land processes in terms of section 25(7), as one of the components of land reform, often does not take key provisions contained in environmental and planning law into account. In many instances, for example, government’s restitution projects do not make sufficient provision for harmonisation with environmental principles contained in environmental law and no or limited systems exist whereby to inform and assist land restitution beneficiaries on compliance with environmental and planning law obligations in post settlement development endeavours. These limitations could, inter alia, be linked with the fragmentation of the environmental governance regime and a lack of role clarification. It may furthermore result in significant conflict between sections 24 and 25(7) of the Constitution as overarching framework legislation, and between developmental objectives contained in sectoral-specific subordinate legislation.The restitution of land is, amongst other policies, regulated by section 25(7) of the Constitution and the Restitution of Land Rights Act 22 of 1994 whilst section 24 of the Constitution and the National Environmental Management Act 107 of 1998 aim at protection of the environment, the prevention of pollution, the promotion of conservation, and secured ecologically sustainable development. The conditions following land restitution settlement, including the current state of the environment on land that has been restituted, provide an interesting and factual source of reference for critical analysis of environmental policy implementation in land restitution processes and post-settlement endeavours. It further allows for a critical view on the effective or futile realisation of sustainable development in national and provincial governments’ efforts to finalise claim-driven restitution of land. In order to limit the scope of this article, land restitution policy, progress with the national land restitution programme and some post-settlement accounts will be critically analysed and assessed in the light of obligations and initiatives for environmental governance derived from the legal framework concerned. A land restitution case is briefly discussed with subsequent comments and suggestions for the way forward

Bernard Bekink’s principles of South African Local Government Law

No Abstract

Attention-deficit/hyperactivity disorder

Attention-deficit/hyperactivity disorder is a common neurobehavioural disorder that compromises the core symptoms of developmentally inappropriate levels of inattention, impulsivity and hyperactivity. Many patients are still not diagnosed, or do not receive appropriate sustained treatment, in spite of a general greater awareness of the disorder. With such a high prevalence, the clinician needs to be well-informed about the presentation, treatment and challenges associated with this complex disorder.Keywords: attention-deficit/hyperactivity disorder, ADHD, methylphenidate, atomoxetin

The National Credit Act: Debt counselling may prove to be a risky enterprise

Debt counselling, and debt counsellors, have been introduced in the National Credit Act. The Act assists consumers in controlling debt, but the viability for an individual to register as a debt counsellor is questioned. The requirements (and exclusions) to qualify as debt counsellors, their necessity in identifying reckless lending transactions and their functions in the processes of debt review and debt rearrangement are discussed. Certain categories of persons who may normally incorporate debt counselling as part of their practices and who do not qualify in terms of the Act, is indicated. Debt counsellors’ responsibilities and accompanying risks, at a prescribed fee tariff, are indicated when the debt review processes, from applications by consumers who are not over-indebted, voluntary and involuntary debt rearrangement, until the issuing of clearance certificates, are assessed. An inevitable deduction is that practice as a debt counsellor may be impossible when the financial layout required is assessed. Individuals who, due to their training and experience in the positions they hold, would have been well placed to practice as debt counsellors is shown to be unable to practice as such in terms of the Act. These individuals will be compelled to establish private enterprises to enable them to practise as debt counsellors, which will be impossible at the current prescribed fee tariff

Clinical legal education: Identifying required pedagogical components

Clinical legal education is mainly a practical course, although it includes training in the substantive law. University law clinics generally have to satisfy two main objectives, namely teaching of students and service to the community. Clinical teaching methods can make distinctive contributions to student learning. Clinical pedagogy consists of three main categories, namely the clinic experience, classroom instruction and tutorial sessions. These, as well as specialised clinical units, are discussed. Clinic duties expose students to real consultations with live clients posing with real problems, ensuring a sustainable platform for teaching and learning. Classroom instructions are required for substantive law review and teaching in fields such as professionalism and ethics. Tutorials are the most focused form of instruction, where the clinical experiences and classroom instructions are transferred into legal practice

Clinical legal education: Planning a curriculum that can be assessed

Surveys conducted in a selection of jurisdictions are discussed to determine whether clinical legal education should be a core and mandatory course in the LLB curriculum. The focus of a university law clinic and the role of the clinician are examined. The pedagogy that must be used in clinical legal education is explored. The discussions specifically consider skills, values and expected outcomes for the course, as well as effective assessment programmes and common requirements for the design of a curriculum

Clinical legal education: The assessment of student collaboration and group work

Clinical legal education (CLE) should be a mandatory or core course in the LLB curriculum and the focus of a university law clinic must be CLE, namely student training. A recurring assessment challenge is large student numbers. The best solution was found in grouping students together in student firms for collaborative work; this also has strong educational benefits. When assessing students working in collaboration, a fair assessment strategy must be employed, as all group members receive the same mark. Clinicians must develop and implement clear grading criteria, in the form of rubrics, which will enable them to grade numerous assignments consistently and fairly. Peer and self?assessment are considered to allow for individual marks in addition to the group mark. Models of firm and group?work assessment and marking criteria are suggested. The use of both collaboration and rubrics can simplify the grading process, which allows clinicians to conduct multiple assessments and feedback consistently and fairly. Samples of a number of rubrics and surveys are provided

Ekonomiese ontwikkeling en samewerking in Afrika*

Gedurende die afgelope dekade het verreikende konstitusionele veranderinge in Afrika plaasgevind, en daar is vandag meer as dertig state in Afrika onafhankelik, teenoor slegs vier in 1954, naamlik Egipte, Ethiopië, Liberie en Suid-Afrika. Benewens die mandaatgebied Suidwes- Afrika, wat ’n ekonomiese eenheid met die Republiek van Suid-Afrika vorm; die Britse Kolonies Kenia, Suid- Rhodesië en Gambië; ses protektorate Basoetoland, Betsjoeanaland, Noord-Rhodesië, Njassaland, Swaziland en Zanzibar-Pemba en oorsese provinsies van Europese lande, nl. die Portugese Angola, Mosambiek en Guinee, en Spaans-Guinee, Ifna en Spaans Sahara, Centa en Mililla, en Frans Somaliland, is daar tans die volgende onafhanklike gebiede: Boeroendi, Ethiopië, Libië en Marokko, wat monargieë is; Algerië, Dahomie, Egipte, Gaboen, Ghana. Guinee, Ivoorkus, Kameroen, Kongo (Leopoldstad), Kon go (Brazzastad), Liberië, Malagassie (Madagaskar), Mali, Mauritanië, Niger, Roeanda, Senegal, Sentraal-Afrikaanse Republiek, Soedan, Somalië, Suid-Afrika, Tanganjika, Togo, Tsaad en Tunisië, wat republieke is; en Sierra Leone, Nigerië en Oeganda, wat as statebondslande dominiumstatus het