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LME3701 ASSIGNMENT 2 MEMO - SEMESTER 1 2022 - UNISA - WITH DETAILED BIBLIOGRAPHY

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LME3701 ASSIGNMENT 2 MEMO - SEMESTER 1 2022 - UNISA - WITH DETAILED BIBLIOGRAPHY ASSIGNMENT 02 UNIQUE NUMBER: - DUE DATE: - 4 APRIL 2022 THIS IS THE HISTORICAL RESEARCH APPROACH You are almost at the end of your undergraduate legal studies and thinking about pursuing postgraduate studies. You recently read of an incident where a woman was infected with HIV through consensual sexual intercourse with her partner. Her partner knew about his HIV status but did not disclose this to her at any time during their relationship. You decide that this will be a good topic for postgraduate research to investigate how the law deals with intentional HIV transmission. Is it a crime? Even if there was consent? Is HIV testing of the accused in such a case compulsory? Does the offender get a harsher sentence if found guilty? How is the victim protected? Is the victim provided with any form of treatment? These are just some questions that come up in your mind. Write a draft research proposal for a prospective postgraduate study on the topic setting out how the law deals with intentional HIV transmission. Decide what the focus of your research will be. Will you focus on the rights of the accused or the rights of the victim? Will you focus on the criminal procedural or the criminal law aspects, for example? You have to consider the relevant legislative framework, law reform commission reports, case law and writings by scholars. Make sure to also focus on the relevant constitutional rights that play a part in the debate on these issues. When writing your proposal, you have two options in terms of research approach: 1) Write the proposal using the historical research approach. This means looking at the historical development of the law on the issue from a specific date in the past up to the present day. You will look at relevant case law and legislation that might have contributed to the law as it stands today. You will also consider law reform commission reports. Writings by scholars can assist in interpreting the law and evaluating its application and effectiveness.

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LME3701
LEGAL RESEARCH METHODOLOGY DUE: 4 APRIL 2022

Assignment 2 MEMO
Semester 1 2022 Unique number: - 701666
Includes Footnotes and/or Bibliography
DOCUMENT PREVIEW
ASSIGNMENT 02
UNIQUE NUMBER: - 701666
DUE DATE: - 4 APRIL 2022
THIS IS THE HISTORICAL RESEARCH APPROACH
You are almost at the end of your undergraduate legal studies and thinking about pursuing postgraduate studies.
You recently read of an incident where a woman was infected with HIV through consensual sexual intercourse
with her partner. Her partner knew about his HIV status but did not disclose this to her at any time during their
relationship. You decide that this will be a good topic for postgraduate research to investigate how the law deals
with intentional HIV transmission. Is it a crime? Even if there was consent? Is HIV testing of the accused in such a
case compulsory? Does the offender get a harsher sentence if found guilty? How is the victim protected? Is the
victim provided with any form of treatment? These are just some questions that come up in your mind. Write a
draft research proposal for a prospective postgraduate study on the topic setting out how the law deals with
intentional HIV transmission. Decide what the focus of your research will be. Will you focus on the rights of the
accused or the rights of the victim? Will you focus on the criminal procedural or the criminal law aspects, for
example? You have to consider the relevant legislative framework, law reform commission reports, case law and
writings by scholars. Make sure to also focus on the relevant constitutional rights that play a part in the debate
on these issues. When writing your proposal, you have two options in terms of research approach:

1) Write the proposal using the historical research approach. This means looking at the historical development of
the law on the issue from a specific date in the past up to the present day. You will look at relevant case law and
legislation that might have contributed to the law as it stands today. You will also consider law reform commission
reports. Writings by scholars can assist in interpreting the law and evaluating its application and effectiveness.

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purposes ONLY. No part of this document may be reproduced, resold or transmitted in any form or by any means without
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, RESEARCH PLAN



THE HISTORICAL DEVELOPMENTS OF THE CRIMINAL LAW ASPECTS
PERTAINING TO INTENTIONAL HIV TRANSMISSION IN SOUTH AFRICA



BY (NAME)

(STUDENT NUMBER)



Submitted in partial fulfilment of the requirements for the degree LLB



In the




SCHOOL OF LAW




UNIVERSITY OF SOUTH AFRICA



SUPERVISOR: NAME



ASSIGNMENT 02

UNIQUE NUMBER: - 701666




2022

,ACADEMIC HONESTY DECLARATION



1. I understand what academic dishonesty entails and am aware of Unisa’s policies in
this regard.

2. I declare that this assignment is my own, original work. Where I have used someone
else’s work, I have indicated this by using the prescribed style of referencing. Every
contribution to, and quotation in, this assignment from the work or works of other
people has been referenced according to the prescribed style.

3. I have not allowed, and will not allow, anyone to copy my work with the intention of
passing it off as his or her own work.

4. I did not make use of another student’s work and submit it as my own.


NAME:

SIGNATURE:

STUDENT NUMBER:

MODULE CODE: LME3701

DATE:

RESEARCH THEME SELECTED: RESEARCH THEME 1

, CONTENTS




1. RESEARCH INTRODUCTION……………………………………………………..1

2. PROBLEM STATEMENT…………………………………………………………...1

3. HYPOTHESIS……………………………………………………………………......2

4. POINTS OF DEPARTURE AND ASSUMPTIONS…………………………….3-9

5. CONCEPTUALISATION OF CENTRAL RESEARCH THEMES……………….9

6. PROPOSED CHAPTER OUTLAY……………………………………………..9-10

7. PROJECTED TIME-FRAME FOR SUBMISSION…………………………..10-11

8. DESCRIPTION OF RESEARCH METHODOLOGY…………………………….11

9. CONCLUSION………………………………………………………………….…..11


10. BIBLIOGRAPHY………………………………………………………………..13-14

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