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When equality and freedom of contract meet: a consideration of the horizontal application of the Bill of Rights
The application of human rights to private relationships is a difficult question that must be answered by all legal systems which have accepted human rights as binding upon their law. To answer this question a State has to make fundamental ideological decisions, both as to its role in society and th...
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| Format: | Thesis |
| Language: | English |
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School For Advanced Legal Studies
2023
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| _version_ | 1867614055513980928 |
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| access_status_str | Open Access |
| author | Erasmus, Andre Alexander |
| author2 | Meyerson, Denise |
| author_browse | Erasmus, Andre Alexander Meyerson, Denise |
| author_facet | Meyerson, Denise Erasmus, Andre Alexander |
| author_sort | Erasmus, Andre Alexander |
| collection | Thesis |
| description | The application of human rights to private relationships is a difficult question that must be answered by all legal systems which have accepted human rights as binding upon their law. To answer this question a State has to make fundamental ideological decisions, both as to its role in society and the individual citizen's right to self-autonomy. Is law to be neutral, leaving private citizens to order their relations without intervention from the State? Or, should it play a more active transformative role by regulating and organising society to accord with a particular set of moral values and economic objectives? This dilemma is a current which runs through most contemporary moral and human rights discourse. It is not merely of abstract or academic interest. Both the reach and content of the law will be determined by which approach may prevail. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/38490 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:45:57.703Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | School For Advanced Legal Studies |
| publisherStr | School For Advanced Legal Studies |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/38490 When equality and freedom of contract meet: a consideration of the horizontal application of the Bill of Rights Erasmus, Andre Alexander Meyerson, Denise Advanced Legal Studies The application of human rights to private relationships is a difficult question that must be answered by all legal systems which have accepted human rights as binding upon their law. To answer this question a State has to make fundamental ideological decisions, both as to its role in society and the individual citizen's right to self-autonomy. Is law to be neutral, leaving private citizens to order their relations without intervention from the State? Or, should it play a more active transformative role by regulating and organising society to accord with a particular set of moral values and economic objectives? This dilemma is a current which runs through most contemporary moral and human rights discourse. It is not merely of abstract or academic interest. Both the reach and content of the law will be determined by which approach may prevail. 2023-09-09T13:13:47Z 2023-09-09T13:13:47Z 1998 2023-09-09T13:13:27Z Master Thesis Masters LLM http://hdl.handle.net/11427/38490 eng application/pdf School For Advanced Legal Studies Faculty of Law |
| spellingShingle | Advanced Legal Studies Erasmus, Andre Alexander When equality and freedom of contract meet: a consideration of the horizontal application of the Bill of Rights |
| thesis_degree_str | Master's |
| title | When equality and freedom of contract meet: a consideration of the horizontal application of the Bill of Rights |
| title_full | When equality and freedom of contract meet: a consideration of the horizontal application of the Bill of Rights |
| title_fullStr | When equality and freedom of contract meet: a consideration of the horizontal application of the Bill of Rights |
| title_full_unstemmed | When equality and freedom of contract meet: a consideration of the horizontal application of the Bill of Rights |
| title_short | When equality and freedom of contract meet: a consideration of the horizontal application of the Bill of Rights |
| title_sort | when equality and freedom of contract meet a consideration of the horizontal application of the bill of rights |
| topic | Advanced Legal Studies |
| url | http://hdl.handle.net/11427/38490 |
| work_keys_str_mv | AT erasmusandrealexander whenequalityandfreedomofcontractmeetaconsiderationofthehorizontalapplicationofthebillofrights |