Browsing PER: Potchefstroom Electronic Law Journal by Subject "Restorative justice"
Now showing items 1-7 of 7
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All roads lead to property: Pashukanis, Christie and the theory of restorative justice
(2013)Nils Christie is acknowledged generally as the theoretical founding father of restorative justice. Evgeny Pashukanis may be taken as the premier Marxist theoretician of law. This essay represents an endeavour to read ... -
The constitutional mandate for social welfare – systemic differences and links between property, land rights and housing rights
(2015)Our purpose in this article is to argue that, as far as the constitutional promotion and protection of social welfare is concerned, there are significant theoretical and systemic differences between property, land rights ... -
Family conferencing : responsibility at grassroots level – a comparative analysis between the Netherlands and South Africa
(PER/PELJ, 2021)As family group conferencing is gaining world-wide recognition as an alternative dispute resolution process, this article aims to outline the origin and relevance of this process, which promotes solution-finding to ... -
"Just say sorry?" Ubuntu, Africanisation and the Child Justice System in the Child Justice Act 75 of 2008
(2011)In the midst of concerns about serious offences committed by young people, the Child Justice Act is the first formal legislative step to introduce restorative justice in South Africa, and promotes reconciliation and problem ... -
Realising the child's best interests: lessons from the Child Justice Act to Improve the South African Schools Act
(2016)Although the contexts of school discipline and child justice differ considerably there are a number of contact points and points that overlap. Since the South African Schools Act 84 of 1996 came into operation in 1996, the ... -
Reflections on judicial views of Ubuntu
(2013)Since S v Makwanyane, ubuntu has become an integral part of the constitutional values and principles that inform interpretation of the Bill of Rights and other areas of law. In particular, a restorative justice theme has ... -
The right to dignity and restorative justice in schools
(2011)A retributive and punitive approach is normally adopted in dealing with misbehaviour in South African schools. Despite the legal abolition of corporal punishment, more than 50 percent of schools still administer it. Other ...