Browsing by Author "Von Broembsen, Marlese"

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    A critical examination of Habermas' and Marcuse's attacks on positivism, with special reference to the implications of the attacks for sociology
    (1982) Romm, Norma R A; Von Broembsen, Marlese; Glass, H G L
    The debate between positivists on the one hand, and anti-positivists such as Habermas and Marcuse on the other, about the possibility of an objective value-free social science seems to have reached an impasse: Positivists continue to assert that the facts and laws of social life are objective givens which can be apprehended by a social science modelling itself on the natural science methodology. (There is disagreement among positivists about whether the natural science methodology is based on inductive or deductive logic, and thus about exactly what would be implied by a transference of this methodology to social science). Positivists justify their quest for objective knowledge of the laws and facts of social life, by claiming that such knowledge is empirically grounded and ipso facto capable of validation.
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    A global theory of justice for new governance : from process to substance with 'parity of participation'
    (2014) Hermann, Martin; Von Broembsen, Marlese
    This thesis proposes a new counter-narrative to the neo-liberal agenda that combines two seemingly disparate bodies of work: New Governance and Nancy Fraser’s theory of justice. New Governance is a new and rapidly growing strand of legal thought and practi ce that has simultaneously developed a following in Europe and the United States. In short, legal scholars in this field of research are advocating a shift away from long-standing command-style, fixed-rule regulation toward more collaborative, bottom-up, and flexible modes of regulation.
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    Legal Education through a Social Justice Lens: A Framework for Teaching Law in the South African Context
    (2011) Van Heerden, Jennifer; Von Broembsen, Marlese
    This research seeks to establish a framework for teaching law that enables graduates to practice law in a manner that furthers social justice. The first half of this paper investigates why it is legitimate to prioritize social justice in the Legal Education discipline. Three sets of literature support this argument. First, South African higher education policy, which emphasizes the need to produce graduates who are able to contribute to societal transformation. Second, the University of Cape Town's Social Responsiveness Policy and the University's Strategies for Change, which mirror national higher education priorities. The third set comprises discussions emerging from Critical Legal Studies as to the purpose of Legal Education. The second half of this paper turns to the framework itself. Experiential learning theory and Paulo Freire's "critical consciousness" shape the design of the three-pillared framework. The three pillars emerging are: social consciousness, sensitivity to context, and critical, social-orientated thinking. This framework embodies the kind of commitment to social justice needed for transformation in South Africa.
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    New frontiers for Labour Law: Collective Bargaining for Workers in Global Supply Chains and Informal Self-Employed Workers
    (2024) Von Broembsen, Marlese; Le Roux, Rochelle; Godfrey Shane
    Since the 1990s, labour law scholarship has been shaped by, and has responded to, what has been called the ‘existential crisis' of labour law. Scholars have questioned labour law's ‘constituting narrative' as ‘the law of collective relations' and the relevance to most of the workforce of its two core institutions — the contract of employment and collective bargaining. Focusing on two categories of worker in the global South — garment workers in global supply chains and street vendors — the thesis explores the shifts required of the institution of collective bargaining to realise collective bargaining rights for these workers. These sectors constitute a significant percentage of the workforce in developing countries and challenge the discipline of labour law, which is shaped by the political economy and the labour-market structure of the global North. Through case studies, and against a political-economy background that reflects a global South perspective, the thesis discusses transnational supply-chain bargaining for garment workers, and collective bargaining between street vendors and the local governments that control vendors' workplace (public space). The thesis argues that the theory of labour law as ‘personal work relations' can incorporate informal self-employed workers into its scope despite the absence of a contractual relationship with the entity that controls their workplace. Realising street vendors' rights to collective bargaining as subjects of labour law (rather than of other law) matters for vendors, but also for labour law. Garment workers in global supply chains challenge the institution of collective bargaining in various ways. ‘Lead' firms (in the global North) structure the terms and conditions for workers (in the global South). In order to achieve positive distributive consequences for garment workers, collective agreements must regulate relations across the (transnational) supply chain, rather than only the employment relationship; but in the absence of a contractual nexus, it is difficult to bring lead firms to the bargaining table. By challenging labour law scholars to take seriously the theoretical implications of incorporating such categories of (global South) worker, the thesis contributes to re-asserting labour law as ‘the law of collective relations'.
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    A 'power' deficit? A discussion of the limitations of the 'legal empowerment of the poor' approach to development
    (2013) Jeremy, Alexa; Von Broembsen, Marlese
    Includes bibliographical references.
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    Preparing for the ethical encounter investigating the role and type of citizen education to encourage participation in local government
    (2009) Jaroszynski, Taru; Von Broembsen, Marlese
    This dissertation looks at the possibilities for an ethical encounter' at a local government level. Much has been written on the problems and challenges of local government in its structure, its politicisation and the dynamics within these invited spaces. This is compounded by service delivery protests which are directed at the inadequacy of local government. These protests suggest that the invited spaces do not provide the options for ethical encounters.