Quite apart from conviction of crime, a psychopath under the South African Mental Health Act of 1 973, may be civilly committed and held until the danger he is presumed to present is past. This model follows similar legislation in other countries which is based on the assumption that a treatment approach to the repetitive offender is more enlightened and will produce better results for the protection of society and even for the offender than the traditional penal paradigm.
In Part Three, we surveyed the principal areas in which English law has influenced the Scottish law of reparation for personal injuries and death. In Part Four, we shall attempt to isolate and discuss under specific headings the principal remaining distinctions between the English and Scottish systems in this branch of the law of delict.
Labour points to the social responsibilities of private property and advocates a restriction of the rights it confers on its holder. This confrontation raises some interesting questions for the legal profession and economists alike, questions which may be illustrated by a short historic review of the shifting emphasis of rights versus duties of private property.
The matrimonial propietary regimes which are applicable in countries throughout the world are, of course, susceptible to modification or change. The crucial question is whether such changes or modifications which are effected subsequent to the marriage should be taken into account or entirely discounted in determining how a particular matrimonial proprietary regime is to be construed. In South Africa there was for a long time no clearcut decision on the point.