naked law

Blowing the Vuvuzela

Written by Carl Wille Saturday, 17 October 2009 19:05

Anyone who has spent time working in a corporate South Africa should be able to identify with the words of Law Professor Joel Bachan: "as a psychotic creature, the corporation can neither recognise not act upon moral reasons to refrain from harming others. Nothing in its legal makeup limits what it can do to others in pursuit of its selfish ends, and it is compelled to cause harm when the benefits of doing so outweigh the costs. Only pragmatic concern for its own interests and the laws of the land constrain the corporation’s predatory instincts, and often this is not enough to stop it from destroying lives, damaging communities and endangering the planet as a whole".

 

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Till Death Us Do Part

Written by Carl Wille Sunday, 10 May 2009 13:51

All marriages come to and end. Either through death or divorce. When it ends, your possessions will be divided according to the rules agreed when you got married. If you failed to agree the rules the law provides for default rules.

 

You need to make time [between choosing the dress, the bachelor’s party, deciding on the guest list, planning the honeymoon and slaughtering the cow] to consider what matrimonial property rules you would like to apply to your marriage. You probably want to agree on the rules well before the other arrangements, so that the wedding can be postponed [or cancelled] if an impasse is reached. These negotiations may be the first time in your relationship that serious conflict must be solved. It could be a good indicator as to how conflict will be resolved [or not] in your marriage.

 

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Legal Questions and Concerns ?

Written by Carl Wille Tuesday, 24 March 2009 18:53

Professors Hahlo and Khan, in discussing law in society, submit that to the layman law is a secret art, concerned mainly with the doings of the wicked. Most of the knowledge the man [or woman] in the street has of law, derives from newspaper reports of sensational criminal or divorce trials, detective stories and films. The learned professors contend that, contrary to the belief of the layman, the law is of the warp and woof of social life, and so far from being concerned with a narrowly circumscribed area, is all pervasive. Some of the legal questions and concerns being raised by our cleints are:

 

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Class Actions

Written by Carl Wille Friday, 13 March 2009 21:22

As an individual litigant the costs and risks associated with litigation can act as a significant deterrent to you enforcing your rights and seeking justice through the formal legal system. Especially where there is a power imbalance e.g. individuals taking on corporations or the state. To mitigate your risks, you may want to include as many people as possible, who are affected by the dispute or the infringement of rights, in the action.

 

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Tax Tantrums

Written by Carl Wille Sunday, 22 February 2009 22:02

Few of us are excited about the prospect of paying taxes, especially when the perception is that our hard earned money is being used to line the pockets of government officials, as opposed to ensuring that proper services are rendered to those in desperate need thereof.  I suppose it is to be expected that the most efficient government department is the one that that takes our money. What does the law have to say on the subject?

 

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