Die verdienstes en tekortkominge van ’n alsydige regsakademikus. ’n Kritiese waardering van Johan van der Vyver se bydrae tot die regswetenskap in Suid-Afrika

Abstract

The merits and demerits of an all-rounder legal ac ademic. A critical appraisal of Johan van der Vyver’s contribution to legal scholarship in South Africa This article assesses the contribution of Johan van der Vyver to legal scholarship in South Africa. It does so with reference to his qualities and contributions as:

• all-rounder,

• mentor;

• Neo-Calvinist legal philosopher,

• herald of human rights,

• scholar and theoretician of Private Law and

• scholar and theoretician of Public Law.


His achievement as legal academic is not merely described but also appraised. It is argued that he must primarily be seen as a Neo-Calvinist legal philosopher in the Kuyperian tradition. His work as one of three foremost academic exponents of the idea and practice of human rights in South Africa is all the more remarkable because his initial ideas were developed in an environment not particularly conducive to an endeavour of this kind. As scholar of Private Law his main contribution has been the development of the theory of subjective rights in Private Law (and in a purist vein). He is, however, criticised for a paucity of reflection on the development of a similar theory in Public Law.

https://doi.org/10.4102/koers.v64i2/3.498
PDF

Copyright information

  • Ownership of copyright in terms of the Work remains with the authors.
  • The authors retain the non-exclusive right to do anything they wish with the Work, provided attribution is given to the place and detail of original publication, as set out in the official citation of the Work published in the journal. The retained right specifically includes the right to post the Work on the authors’ or their institutions’ websites or institutional repositories.

Publication and user license

  • The authors grant the title owner and the publisher an irrevocable license and first right and perpetual subsequent right to (a) publish, reproduce, distribute, display and store the Work in any form/medium, (b) to translate the Work into other languages, create adaptations, summaries or extracts of the Work or other derivative works based on the Work and exercise all of the rights set forth in (a) above in such translations, adaptations, summaries, extracts and derivative works, (c) to license others to do any or all of the above, and (d) to register the Digital Object Identifier (DOI) for the Definitive Work.
  • The authors acknowledge and accept the user licence under which the Work will  be published as set out in https://creativecommons.org/licenses/by/4.0/ (Creative Commons Attribution License South Africa)
  • The undersigned warrant that they have the authority to license these publication rights and that no portion of the copyright to the Work has been assigned or licensed previously to any other party.

Disclaimer: The publisher, editors and title owner accept no responsibility for any statement made or opinion expressed by any other person in this Work. Consequently, they will not be liable for any loss or damage sustained by any reader as a result of his or her action upon any statement or opinion in this Work. 
In cases where a manuscript is NOT accepted for publication by the editorial board, the portions of this agreement regarding the publishing licensing shall be null and void and the authors will be free to submit this manuscript to any other publication for first publication.

Our copyright policies are author-friendly and protect the rights of our authors and publishing partners.