Proposed Safety Concept for Above Ground Swimming Pools

Barnett, Ralph L.; Poczynok, Peter J.

doi:10.1115/detc2003/sera-48690

Cited by 2 publications

(4 citation statements)

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“…76 Through this the Constitution can be both the potential for power as well as the agent for legal reform within South Africa. 77 However, the Constitution is not self-executing and the interpretation of the Constitution is what holds the power to humanise or to dehumanise the world. 78 The more accommodating interpretation of the Constitution -being through substantive equality, which will be explained further below -would lead to a post-modern identity in terms of which the law can become more self-conscious and reflective, which is in line with the postliberal reading of the Constitution.…”

Section: Substantive Equalitymentioning

confidence: 99%

Introducing Deconstructive Intersectionality: The General Jurisprudential Rage Against Rainbow Theory

Gorman¹

2015

PSLR

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Despite South Africa’s post-modern constitutional dispensation which, at first glance, seems to celebrate and entrench substantive equality — various judgements have been passed by the Constitutional Court where the Constitution was interpreted through a formal equalitarian lens. On the one hand, substantive equality recognises and celebrates our diversity and differences whereas formal equality, on the other hand, obsesses with the idea of sameness. This constant tension between substantive and formal equality is aptly portrayed by the term ‘rainbow jurisprudence’. This term was coined by Alfred Cockrell to explain a quasi-theory depicted by the newly born South African constitutional adjudication which was lacking in substantive reasoning (which I equate to substantive equality) and the absence of a rigorous jurisprudence. He goes so far as to assimilate the finding of genuine substantive reasoning within these judgements to the possibility of touching a rainbow — a mythical task which, although alluring, seems impossible. Thus, I have identified the problem that South Africa is still submerged in rainbow jurisprudence. This can be seen through various court cases that will be discussed below, ranging from cases that were clearly decided from a formal equalitarian perspective to those which depict a wolf in sheep’s clothing seemingly substantive judgements disguising the formal equality lurking beneath.

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Section: Substantive Equalitymentioning

confidence: 99%

Introducing Deconstructive Intersectionality: The General Jurisprudential Rage Against Rainbow Theory

Gorman¹

2015

PSLR

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“…76 Campaigns also encourage communication about the virus and therefore reduce discrimination and stigmatisation. 77 They also persuade members of the community to go and get tested at their nearest testing station. 78 Therefore, it is essential that the media creates successful campaigns in order to decrease the spread of HIV/Aids in South Africa.…”

Section: Are Campaigns In South Africa Effective?mentioning

confidence: 99%

“…However Article 12 of the Liability Convention, which provides that compensation for damage must be in accordance with international law and the principles of justice and equity. 77 In the Chorzow Factory case, the Permanent Court of International Justice (PCIJ) held that 'the function of the international law of tort is to restore an injured person to the condition that would have existed had the harm not been experienced'. 78 In our hypothetical case KNUD-1's mission was to collect data regarding the NEO Floyd-4 and send this data back to the SPIDR agency in order to assist the agency in ascertaining the risks involved in attaching a larger space craft to the asteroid.…”

Section: Damage In Question Fall Within Scope Of the Liability Conventionmentioning

confidence: 99%

Section: Substantive Equalitymentioning

confidence: 99%

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