title: Intentional parenthood and the nuclear family

authors: van Zyl, Liezl

subjects: intentional parenthood

abstract: Reproductive techniques and practices, ranging from ordinary birth-control measures and artificial insemination to embryo transfer and surrogate motherhood, have greatly enhanced our range of reproductive choices. As a consequence, they pose a number of difficult moral and legal questions with regard to the formation of a family and our conception of parenthood. A view that is becoming increasingly common is that parental rights and responsibilities should not be based on genetic relationships but should instead be seen as arising from agreements or contracts between individuals. Accordingly, a man who consents to his wife's artificial insemination by donor (AID) and not the sperm donor, is the legal father of the child; in surrogacy agreements, the  intending mother,  and not the surrogate, has the right to raise the resulting child. While agreeing that biology should not form the basis for assigning legal parenthood, I argue that the theory of intentional parenthood, despite being put forward as a liberal theory, is geared toward or will have the function of protecting the nuclear family and inhibiting the formation of alternative family forms.

text: Intentional parenthood and the nuclear family Reproductive techniques and practices, ranging from ordinary birth-control measures and artificial insemination to embryo transfer and surrogate motherhood, have greatly enhanced our range of reproductive choices. As a consequence, they pose a number of difficult moral and legal questions with regard to the formation of a family and our conception of parenthood. A view that is becoming increasingly common is that parental rights and responsibilities should not be based on genetic relationships but should instead be seen as arising from agreements or contracts between individuals. Accordingly, a man who consents to his wife's artificial insemination by donor (AID) and not the sperm donor, is the legal father of the child; in surrogacy agreements, the  intending mother,  and not the surrogate, has the right to raise the resulting child. While agreeing that biology should not form the basis for assigning legal parenthood, I argue that the theory of intentional parenthood, despite being put forward as a liberal theory, is geared toward or will have the function of protecting the nuclear family and inhibiting the formation of alternative family forms.

year: 2002

title: Cricket bowling: A two-segment Lagrangian model

authors: Ferdinands, R. E. D.

subjects: cricket

abstract: In this study, a Lagrangian forward solution of the bowling arm in cricket is made using a two-segment rigid body model, coupled with projectile equations for the free flight of the ball. For given initial arm positions and constant joint torques, the equations are solved numerically to determine the ball speed and arm angle at release so that the ball can land on a predetermined position on the pitch. The model was driven with kinematic data from video obtained from an elite bowler. The model can be analysed in order to study the biomechanics of the bowling arm as well as to quantify the effects of changing input parameters on the trajectory and speed of the ball.

text: Cricket bowling: A two-segment Lagrangian model In this study, a Lagrangian forward solution of the bowling arm in cricket is made using a two-segment rigid body model, coupled with projectile equations for the free flight of the ball. For given initial arm positions and constant joint torques, the equations are solved numerically to determine the ball speed and arm angle at release so that the ball can land on a predetermined position on the pitch. The model was driven with kinematic data from video obtained from an elite bowler. The model can be analysed in order to study the biomechanics of the bowling arm as well as to quantify the effects of changing input parameters on the trajectory and speed of the ball.

year: 2000

title: Chief Justice James Prendergast and the administration of New Zealand colonial justice, 1862-1899

authors: Morris, Grant Hamilton

abstract: The New Zealand legal system during the nineteenth-century was in a state of rapid change and constant turmoil. After the signing of the Treaty of Waitangi between Maori and the British Crown in 1840, British immigration to New Zealand began in earnest. As a British colony, New Zealand gradually acquired the British legal system and adapted it to suit the colonial environment. These adaptations resulted in conflict with Maori and eventually the supremacy of British law in New Zealand. 

This thesis explores the role of James Prendergast in helping to create the colonial New Zealand legal system. Prendergast served as Attorney-General of New Zealand from 1865 to 1875 and Chief Justice of New Zealand from 1875 to 1899. Firstly, the English background of Prendergast is analysed and provided as a context for his actions in New Zealand. Then, Prendergast’s rise to power in New Zealand is explored, focusing primarily on his roles as Attorney-General and Chief Justice. Particular attention is paid to Prendergast’s relationship with Maori, his enduring legacy in New Zealand statute and case law and the relationship between English law and the colonial New Zealand legal system. The recent vilification of Prendergast by modern scholars is detailed, especially in relation to Prendergast’s decision in the case, Wi Parata v Bishop of Wellington (1877). Finally, an assessment is made of Prendergast’s life, legacy and influence in New Zealand legal history. 

Several important conclusions are reached through the study of the life of James Prendergast. Through his words, actions and judgments, Prendergast played a highly influential role in the development of the New Zealand legal system. Prendergast is more than just the two-dimensional figure that he has become in modern scholarship. Many of Prendergast’s actions that were considered successful by contemporary colonial society are also the actions for which Prendergast is now criticised by modern New Zealand society. A clash has occurred between the standards of the past and the views of the present. 

This thesis also proffers the argument that the English legal system was of overwhelming importance in the development of the New Zealand legal system and the administration of colonial justice. The central problem in adapting the English system to the New Zealand environment was the inflexibility of the law in the face of indigenous people’s rights. Prendergast was a product of Victorian England and failed to come to terms with Maori society. While he was a competent judge who left a legacy of common law precedent, Prendergast’s main success was as an administrator and leader of the colonial legal environment. While the Wi Parata decision of 1877 was legally dubious, it is misleading to judge Prendergast's career solely by this one decision. 

James Prendergast is a pivotal figure in the study of nineteenth-century New Zealand legal history. He has left a legacy of legal precedent and jurisprudential controversy. This judicial biography provides an account of his successes and failures throughout his long and eventful life.

text: Chief Justice James Prendergast and the administration of New Zealand colonial justice, 1862-1899 The New Zealand legal system during the nineteenth-century was in a state of rapid change and constant turmoil. After the signing of the Treaty of Waitangi between Maori and the British Crown in 1840, British immigration to New Zealand began in earnest. As a British colony, New Zealand gradually acquired the British legal system and adapted it to suit the colonial environment. These adaptations resulted in conflict with Maori and eventually the supremacy of British law in New Zealand. 

This thesis explores the role of James Prendergast in helping to create the colonial New Zealand legal system. Prendergast served as Attorney-General of New Zealand from 1865 to 1875 and Chief Justice of New Zealand from 1875 to 1899. Firstly, the English background of Prendergast is analysed and provided as a context for his actions in New Zealand. Then, Prendergast’s rise to power in New Zealand is explored, focusing primarily on his roles as Attorney-General and Chief Justice. Particular attention is paid to Prendergast’s relationship with Maori, his enduring legacy in New Zealand statute and case law and the relationship between English law and the colonial New Zealand legal system. The recent vilification of Prendergast by modern scholars is detailed, especially in relation to Prendergast’s decision in the case, Wi Parata v Bishop of Wellington (1877). Finally, an assessment is made of Prendergast’s life, legacy and influence in New Zealand legal history. 

Several important conclusions are reached through the study of the life of James Prendergast. Through his words, actions and judgments, Prendergast played a highly influential role in the development of the New Zealand legal system. Prendergast is more than just the two-dimensional figure that he has become in modern scholarship. Many of Prendergast’s actions that were considered successful by contemporary colonial society are also the actions for which Prendergast is now criticised by modern New Zealand society. A clash has occurred between the standards of the past and the views of the present. 

This thesis also proffers the argument that the English legal system was of overwhelming importance in the development of the New Zealand legal system and the administration of colonial justice. The central problem in adapting the English system to the New Zealand environment was the inflexibility of the law in the face of indigenous people’s rights. Prendergast was a product of Victorian England and failed to come to terms with Maori society. While he was a competent judge who left a legacy of common law precedent, Prendergast’s main success was as an administrator and leader of the colonial legal environment. While the Wi Parata decision of 1877 was legally dubious, it is misleading to judge Prendergast's career solely by this one decision. 

James Prendergast is a pivotal figure in the study of nineteenth-century New Zealand legal history. He has left a legacy of legal precedent and jurisprudential controversy. This judicial biography provides an account of his successes and failures throughout his long and eventful life.

year: 2001