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Nico P. Swartz

Publications (9)

The Implications of Women’s Late Entry to the Bar and Their Treason against the Order of Nature: A Judicial Analysis

Nico P. Swartz · Journal of Scientific Research and Reports · 2016

During the Roman Empire, two women Carfinia and Calphurnia, offended the sensibilities of the Courts. Carfinia vexed a praetor with her pleading and Calphurnia, pleading before the Senate, lost her case and in an act of extreme contempt of Court, turned her back to the judges, li...

Open access Research Article 10.9734/JSRR/2016/28732

Women’s Reproductive Rights: A Judicial Rhetoric towards a Privacy Jurisprudence

Nico P. Swartz · Journal of Education, Society and Behavioural Science · 2016

Women’s reproductive rights or abortion decisions are complex and riddled with moral considerations. It is for that reason that women must be permitted to make the decision themselves. This sentiment echoes the notion that women are to be left alone with regard to their reproduct...

Open access Research Article 10.9734/BJESBS/2016/28733

Father Antonio Rosmini-Serbati: A Discourse on His Philosophical and Theological System with an Imprint of Fundamental Rights

Nico P. Swartz · Journal of Scientific Research and Reports · 2016

Rosmini’s works and philosophical ideals purport to propitiate Catholic theology with the susceptibilities of modern day political and social thought. With regard to his instruction from Pope Pius VII, Rosmini found himself wedged between the obligation to renew Catholic philosop...

Open access Research Article 10.9734/JSRR/2016/26363

Is a Juristic Person Vicariously Liable for Maintenance of a Child? A Judicial Analysis

Nico P. Swartz, Eric Ozoo & Tshephaone Reasentse · Journal of Education, Society and Behavioural Science · 2015

The inquiry of this study is to explore whether a juristic person such as the Ministry of Health or a hospital is vicarious liable for the actions of its servants. This research purports that professionally skilled employees such as medical practitioners, surgeons, specialist obs...

Open access Research Article 10.9734/BJESBS/2016/19159

The Dichotomy between an Employee (Locatio operarum) and Independent Contractor (Conductio operis) for Purposes of Liability in Law of Delict: An Analysis

Nico P. Swartz & Eric Ozoo · Journal of Scientific Research and Reports · 2015

It has been difficult in practice to distinguish between an employee (Locatio operarum) and an independent contractor (Conductio operis). It is important to know whether a person is an employer or independent contractor for the purposes of determining their entitlements such as l...

Open access Research Article 10.9734/JSRR/2016/21658

An Appraisal of the Upholding of Moral Good Actions by the Censor (44 BCE) in the Roman Empire and its Culmination in the Public Protector of South Africa

Nico P. Swartz & Eric Ozoo · Advances in Research · 2015

Centuries ago in the Roman Empire the satirist, Juvenal raised the question: Quis custodiet ipsos custodies? This means literally: “Who watches the watchmen?” or “Who guards the guards?” In addition, it points to promoting the upholding of moral good acts among both the citizens...

Open access Research Article 10.9734/AIR/2016/19511

An Appraisal of the Vicarious Liability of Juristic Persons (Minister of Police) in the Law of Delict with a Constitutional Developmental Imprint of K. v Minister of Safety and Security

Nico P. Swartz & Eric Ozoo · Journal of Scientific Research and Reports · 2015

The common-law principles of vicarious liability hold an employer liable for the delicts committed by its employees, where the employees are acting in the course and scope of their duty as employees. The principle of vicarious liability ascribes liability to an employer where its...

Open access Research Article 10.9734/JSRR/2016/19190

The Judicial Implications of Necrophilia

Nico P. Swartz · Advances in Research · 2015

In many countries there are no laws that address the necessary legalities about necrophilia. This legal incapacity hinders states to prosecute individuals who are caught having sex with dead bodies. As a result necrophilic sex acts are not illegal. The lethargy of the law in rega...

Open access Research Article 10.9734/AIR/2015/14731