The clash over South Africa’s Traditional Courts Bill is essentially about custom and constitutionalism. The government is often seen as pandering to traditional leaders’ whims.
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Articles on Justice
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In Oregon and Washington, the costs of seeking and administering the death penalty have increased significantly since the 1980s.
A lot of moral outrage has been expressed lately – over Trump’s travel ban and other issues. The expression of such outrage is more than a response to perceived injustice.
Do people have an obligation to leave their money to estranged family members?
The world will be watching the country’s courts.
Augmented reality and holographic projections could hold benefits for victims testifying against sexual assault.
Should we hold victims responsible for crimes committed due to their own carelessness? The Victorians said we should and they may have had a point.
Violent massacres at prisons in the country’s north, have disrupted a delicate balance of governance.
South Africa lacks a clear definition of disability – and its limited view of who should be regarded as having a disability in the labour market is at odds with international practice.
If police officers are sent to museums to train observational skills, shouldn’t literary texts be used to teach empathy?
If violent contexts aren’t taken into account, restorative justice does not serve broader society. Instead it serves as a peacemaking process within a paradigm stacked against the poor and vulnerable.
Your memory of an event can be manipulated – and miscarriages of justice can follow.
Responses to rape have improved, and they must continue to do so.
The South African government’s decision to withdraw from the ICC should not be seen in isolation. The African Union has called on its member states to withdraw from the court.
A key argument in support of the jury system is that it is a valued form of citizen participation in democracies. But the system has led to human rights abuses in Ghana.
New research hopes to stop police lineups leading to false identification or criminals walking free.
MPs have proposed that restorative justice should eventually become a right in the UK.
Using a robotic video camera to digitally recreate a crime scene could give juries greater insight without the logistical nightmare and potential bias of a physical visit.
Access to justice is still deeply unequal when it comes to low level disputes over bad service or faulty goods.
Under South African law, murder carries a minimum sentence of 15 years for first-time offenders. But courts may deviate from this if they find ‘substantial and compelling circumstances’ to do so.
Top contributors
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Adjunct Associate Professor, University of New England
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Lecturer in Law, University of Adelaide
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Professor, UNSW Law School, UNSW Sydney
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Arie Freiberg is a Friend of The Conversation.
Emeritus Professor of Law, Monash University
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Professor of Criminology, Australian National University
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Associate Professor in Criminal Justice and Criminology, Bond University
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Professor of Law, University of Technology Sydney
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Senior Lecturer in Law, Cardiff University
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Associate Professor of Criminology, Monash University
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Associate Professor in Communication and Public Relations, The University of Queensland
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Senior Lecturer, The University of Melbourne
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Professor, Family and Sexual Violence, RMIT University
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Assistant Professor, Criminology, Bond University
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Adjunct Professor, La Trobe University
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Associate professor, Monash University
