Private Law and Human Rights
Final Level, half course, first semester, two lectures per week
Course Co-ordinator (s): Prof Jaco Barnard-Naude
Entrance requirements: All Preliminary and Intermediate Level courses to have been completed
Course outline: The course deals with current issues in private law from a theoretical perspective. Topics include:
1. The public/private dichotomy in a constitutional democracy.
2. Theories of application of the South African Constitution to traditional "private law".
3. Transformation of, and transformative issues in relation to, the following institutions of private law:
(b) marriage and family
4. The potential of private law, as infused by the Constitution, to resolve the dilemmas of social democracy with specific reference to the apartheid reparations debate.