LME3701 Assignment 2 Semester 2 2024 | Due 27 September 2024

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LME3701 Assignment 2 Semester 2 2024 | Due 27 September 2024. All questions answered with references. 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 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.

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.

B)Comparative research approach

This means looking at the current legal position in one jurisdiction and comparing it to the current legal position in another jurisdiction. For purposes of this research proposal, you must look at the laws of South Africa and Zimbabwe. Legislation, case law, law reform commission reports and writings by scholars should be consulted. You will not go into detail about the historical developments of the law on the issue in these two jurisdictions but analyze and compare the current legal position.