Faculty of Commerce, Law and Management (Research Outputs)

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Browsing Faculty of Commerce, Law and Management (Research Outputs) by SDG "SDG-17: Partnerships for the goals"

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    The administration of justice
    (Juta, 2003) Klaaren, Jonathan; Marcus, Gilbert; Davis, Dennis
    Overview and analysis of the year's legal developments in the field of administration of justice. Includes references to legislation, cases and journal articles.
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    Corporate financialisation: a conceptual clarification and critical review of the literature
    (Southern Centre for Inequality Studies, 2024-05) Reddy, Niall; Rabinovich, Joel
    Corporate financialisation (CF) comprises a major field of financialisation studies centred on the belief that significant changes in corporate governance and business models have been driven by financial imperatives, which have had a profound impact on investment habits, labour policies, organisational practices and the distribution of revenues. Experiencing explosive growth in recent years, this field has become mired in conceptual ambiguity, mirroring problems with financialisation studies as a whole. While seeking to restore some conceptual clarity and clearly delineate the boundaries of the concept, this paper offers a detailed review of empirical work on CF. At the core of the field, we identify four sub-theories, each addressing distinct aspects of the way business models have become financialised under the influence of shareholder value principles. Our dissection of the literature shows, however, that these theories mostly remain under-substantiated. The connection of financialisation strategies to key outcomes of interest, such as declining investment and rising inequality, remains nebulous in most cases. Beyond this, we identify key weaknesses in the way shareholder value orientation – the causal lynch pin of CF accounts – has been theorised. The field as a whole has paid insufficient attention to the variegated and uneven nature of the shareholder revolution, which has prevented a single uniform set of governance principles from diffusing. We also argue that the tendency to dilute definitions of corporate financialisation across explanans and explanandum has masked problems of verification. The critique concludes with a call for conceptual clarity and more care in distinguishing financialisation from causal channels associated with other structural dynamics, such as monopolisation.
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    A duty of support for all South African unmarried intimate partners Part I: the limits of the cohabitation and marriage based models
    (North-West University, 2018-10-19) Bonthuys, Elsje
    The democratic Constitutional dispensation has led to the gradual extension of spousal duties of support to unmarried couples who hitherto could not legally claim support from their partners or from third parties who had unlawfully caused the death of their partners. The new recipients of rights to support can be divided into three groups: wives in Muslim religious marriages, partners in same-sex intimate relationships and unmarried opposite sex cohabitants whose relationships closely resemble civil marriage in both form and function. However, certain distinctive features of customary marriage, the continuing consequences of apartheid policies for African families and certain distinctive patrilineal features of traditional African families have largely excluded African women – who constitute the largest and most economically vulnerable group of women – from the benefits of these developments. Part one of this two-part article analyses the trajectory of the developing right to support intimate partnerships which appear to be based either on marriage (in the case of Muslim marriages) or relationships similar to marriage, including monogamy and permanent co-residence in the case of same-sex and opposite sex partners. This leaves no room to extend rights to unmarried intimate partners whose relationships do not fit the template of civil marriage and, in particular, excludes many disadvantaged African women from obtaining legal rights to support from their relationships.