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Civilising civil justice.

Skelton, Ann
June 4, 2015

Source: (2013) In, David J. Cornwell, John Blad, and Martin Wright, eds., Civilising criminal justice: An international restorative justice agenda for penal reform. pp. 171-186.

The focus in this chapter is on one particular aspect of civil law. The claiming of damages for injury to personality is at the centre of the discussion. South Africa’s rich legal heritage has created space to seek inspiration from ancient cannon law, Roman Dutch law, African customary law and modern restorative justice theory and practice in these civil claims. Recent South African case law reveals a cautious willingness to apply restorative justice principles in civil matters, which may result in the civilisation of aspects of the civil law. (excerpt)


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