COMPLETE
ANSWERS)Semester 2
2024 - DUE 27September
2024 Guaranteed
distinction.
User
9/27/2024
, Your work at a legal research institute focusing on human rights. Recently you noticed that
the issue of domestic violence has been receiving a lot of attention. You noticed that there is
no crime labelled "domestic violence" (even though there is such a crime in some other
jurisdictions) and this got you wondering about the criminal law response to domestic
violence.
You've registered for your post-graduate studies and decided that the criminal law
response to domestic violence will be the general topic of your dissertation. It is up to you to
formulate a unique title for your research.
Research the law on the criminal law response to domestic violence in South Africa. In
other words, is it a crime to commit domestic violence? What criminal law consequences
are there
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for a perpetrator? Can the legal and specifically the criminal law response to domestic
violence be improved? Should it be improved or is the current response satisfactory? Focus
on the Constitutional rights involved and the relevant legislative provisions. In addition,
consider relevant case law, law reform commission reports and journal articles on the topic
written by legal scholars.
Before you can start writing your dissertation, you have to submit your research proposal
setting out your research idea and research questions and the basic theory underlying your
research. That is what you are going to do now. (Consult the PowerPoint presentation
under additional resources for a detailed explanation of what is required under each
heading of the proposal).
You must choose whether you are researching the topic using the historical approach or
the comparative approach (see explanation below)
A) 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 on the given topic. Writings by scholars can assist in interpreting the
law and evaluating its application and effectiveness. For purposes of the historical
approach, you focus on the historical developments in South Africa only.