Stoker se denke aangaande die reg en geregtigheid


Stoker was already of pensionable age when he first developed an interest in the problems o f jurisprudence, although he had no academic training in the discipline o f law. For that reason, his exposition o f jurisprudential notions and ideas in many respects lacks a proper understanding of the exact components o f legal concepts and distinctions familiar to the legally trained mind. The general exposition to be found in his philosophy pertaining to the law, human rights and the legal order nevertheless reflects amazing insights and original thought. The main thrust o f his jurisprudence remained focused upon uncovering the essential nature of the juridical aspect of reality, which he defined as "service in office" ("ampsbediening "): Every human person has a particular calling in life and is required by God to fulfil that calling. The ontic law (the ‘real law' as it would have been had there been no sin) lays down the conditions that would make it possible for a person to accomplish her earthly avocation. An internal analysis would expose distinct 'cosmic dimensions’ of the law, human rights and the legal order. The juridical aspect per se constitutes aparticular modality of individual and social ideostantic ‘things’; its dynamic aspect may be uncovered by perceiving the law from the perspective of the cosmic dimension o f occurrences; and its elements of ‘good’ and 'bad' will be brought to light by analysing the law, human rights and the legal order with a view to the cosmic dimension of values. Stoker’s perception of the ontic law is comparable to the notion of natural law - redesigned by Stoker, though, from a decidedly Christian perspective.

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 repository.

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 (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.