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Restorative justice as postmodern justice: exegesis and critique
(University of the Western Cape, 2016)
This essay explores the relationship between postmodernism and RJ.
Postmodernism quickly outgrew its non-legal origins and has extended its
reach to incorporate matters legal. Already, it has established a significant
presence ...
Cave pecuniam: Lawyers as launderers
(North-West University, 2012)
In South Africa there is something almost sacrosanct about an attorney's trust
account. It is the prescribed destination of all funds paid in trust by a client to an
attorney. Clients tend to have complete confidence in ...
Pecunia non olet: dirty money as legal fees
(Bellville: University of the Western Cape, 2017)
It is axiomatic that lawyers have to be paid for their services. Regrettably, lawyers who represent money launderers may be offered dirty money, that is, proceeds of crime as fee payments by their clients. This essay ...
All roads lead to property: Pashukanis, Christie and the Theory of Restorative Justice
(North-West University, 2013)
The name of Evgeny Pashukanis, the Bolshevik jurisprudent, is linked umbilically to the so-called commodity form theory of law. In his Law and Marxism Pashukanis develops a general theory of law which turns upon the ...
Law and justice at the dawn of the 21st century: Essays in honour of Lovell Derek Fernandez
(University of the Western Cape, 2016)
Essays in honour of Lovell Derek Fernandez, Lawyer, Linguist, Mensch
Pashukanis on crime and punishment
(University of Pretoria, 2013)
Evgeny Pashukanis deservedly is famous as the author of the so-called
commodity form theory of law. In his Law and Marxism he postulated
that the form of legal relations held the key to the Marxist critique of law
and ...
Carpe Pecuniam: Criminal forfeiture of tainted legal fees
(Pretoria University Law Press, 2020)
A person charged with money laundering has a right to legal
representation and a lawyer is entitled to defend such person. What if the
lawyer is paid with dirty money? This paper explores the legal status of
tainted ...
Lobbying against democracy
(University of the Western Cape, 2021)
This essay seeks to excavate the anti-democratic propensities of corporate lobbying. It
begins by considering the nature of lobbying and then attempts to comprehend the
relationship between corporate lobbying and democracy ...
The problem of private-to-private corruption
(University of the Western Cape, 2017)
Corruption has huge detrimental effects, and private-to-private corruption contributes
hugely to this detriment. Its consequences match those of public corruption,
particularly in the contemporary world, when private ...
Confronting corruption: past concerns, present challenges and future strategies
(2017)
The literature on corruption and anti-corruption has mushroomed over the last decade or so. Of course, all research and writing on the problem of corruption and the fight against it are to be welcomed. Regrettably, however, ...