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Emile Zitzke

Biographic Data

ID6298968
NAMEEmile Zitzke
GIVEN NAMESEmile
FAMILY NAMEZitzke
SIGNATUREZITZKE E
AFFILIATIONSSchool of Law, University of the Witwatersrand, Johannesburg, South Africa
ORCID0000-0001-5288-8679
VERIFIEDYes
TOTAL WORKS3
TOTAL CITATIONS1
AUTHOR COUNT3
EDITOR COUNT0
FIRST PUBLICATION YEAR2018
LATEST PUBLICATION YEAR2026
H-INDEX1
  • Contributory negligence and children’s rights: The (potentially) transformative role of courts in Scotland and South Africa

    Open Access•Lesley-Anne Barnes Macfarlane, Emile Zitzke•ARTICLE•Legal Studies•2026

    Little has been written about the rights of children in delict (a functional equivalent of tort), the legal field concerned with compensating those who have suffered injury or loss due to wrongful actions of others. Yet in many legal systems children can, and do, raise legal proceedings seeking damages for injuries caused by another’s negligence. Negligent wrongdoers (normally adults) often attempt to reduce any damages awarded by arguing that th…

  • Decolonial Comparative Law: Thoughts from South Africa

    Open Access•Emile Zitzke•ARTICLE•Rabels Zeitschrift für…•2022

    In this article, I problematise a popular approach to comparative law in South Africa that invariably seeks answers to legal problems in European law. This approach could potentially have neo-colonial effects. I propose that one version of a decolonial approach to comparative law could involve comparing South Africa’s European legal tradition (today called the South African common law) and its African legal tradition (today called the South Afric…

  • A decolonial critique of private law and human rights

    Emile Zitzke•ARTICLE•South African Journal on Human…•2018•Cited by: 1

    Two approaches to private-law scholarship are critiqued in this article. The first problematic approach identified is that of ‘private-law purism’ that aims to segregate so-called ‘proper’ dominant private law from everything else. In its classical form, private-law purism involved purifying South African private law (which is largely built on Roman-Dutch foundations) from English influences. In its contemporary form, private-law purism involves …

  • A decolonial critique of private law and human rights

    Emile Zitzke•ARTICLE•South African Journal on Human…•2018•Cited by: 1

    Two approaches to private-law scholarship are critiqued in this article. The first problematic approach identified is that of ‘private-law purism’ that aims to segregate so-called ‘proper’ dominant private law from everything else. In its classical form, private-law purism involved purifying South African private law (which is largely built on Roman-Dutch foundations) from English influences. In its contemporary form, private-law purism involves …

  • A decolonial critique of private law and human rights

    Emile Zitzke•ARTICLE•South African Journal on Human…•2018•Cited by: 1

    Two approaches to private-law scholarship are critiqued in this article. The first problematic approach identified is that of ‘private-law purism’ that aims to segregate so-called ‘proper’ dominant private law from everything else. In its classical form, private-law purism involved purifying South African private law (which is largely built on Roman-Dutch foundations) from English influences. In its contemporary form, private-law purism involves …

  • Decolonial Comparative Law: Thoughts from South Africa

    Open Access•Emile Zitzke•ARTICLE•Rabels Zeitschrift für…•2022

    In this article, I problematise a popular approach to comparative law in South Africa that invariably seeks answers to legal problems in European law. This approach could potentially have neo-colonial effects. I propose that one version of a decolonial approach to comparative law could involve comparing South Africa’s European legal tradition (today called the South African common law) and its African legal tradition (today called the South Afric…

  • Contributory negligence and children’s rights: The (potentially) transformative role of courts in Scotland and South Africa

    Open Access•Lesley-Anne Barnes Macfarlane, Emile Zitzke•ARTICLE•Legal Studies•2026

    Little has been written about the rights of children in delict (a functional equivalent of tort), the legal field concerned with compensating those who have suffered injury or loss due to wrongful actions of others. Yet in many legal systems children can, and do, raise legal proceedings seeking damages for injuries caused by another’s negligence. Negligent wrongdoers (normally adults) often attempt to reduce any damages awarded by arguing that th…

Legal Issues in South Africa (3 works) · Human rights (2 works) · Law (2 works) · Legal principles and applications (2 works) · Political science (2 works) · Sociology (2 works) · Transformative learning (2 works) · Children's Rights and Participation (1 works) · Comparative and International Law Studies (1 works) · Comparative law (1 works)

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