Antje du Bois-Pedain

Justice and reconciliation in post-apartheid South Africa

Introduction Francois du Bois and Antje du Bois-Pedain 1. Reconciliation as surrender: configurations of responsibility and memory Emilios Christodoulidis and Scott Veitch 2. Radical forgiveness: transforming traumatic memory beyond Hannah Arendt Pumla Gobodo-Madikizela 3. Communicating criminal and political responsibility in the TRC process Antje du Bois-Pedain 4. The contribution of criminal justice Volker Nerlich 5. Reparation and the forms of justice Francois du Bois 6. Land restitution and reconciliation in South Africa Theunis Roux 7. For justice and reconciliation to come: big business, the TRC and the demand for material reparation in South Africa Jaco Barnard-Naude 8. Transition, forgiveness and citizenship: the TRC and the social construction of forgiveness Stephane Leman-Langlois and Clifford Shearing 9. The evolving legitimacy of the South African constitutional court James L. Gibson 10. Justice and the art of reconciliation Carrol Clarkson 11. Post-conflict justice and the reconciliatory paradigm: the South African experience Francois du Bois and Antje du Bois-Pedain.

In Defence of Substantial Sentencing Discretion

This article develops an ideal of sentencing discretion as consisting in sufficient dispositional flexibility for the trial judge to set, on behalf of the polity, reasonable terms for the continuance of relations with the offender in view of his crime. This ideal requires trial judges to have what may be termed “substantial” sentencing discretion: discretion that is exercised with direct reference to the values and goals penal sanctions are expected to serve, and where it is this quality of value-based engagement that provides the justification for the decision. The article engages with empirical research into sentencing that helps us address the strength of the case for and against substantial sentencing discretion, and ultimately defends substantial sentencing discretion on functional as well as ethical–political grounds.

Justice and Reconciliation in Post-Apartheid South Africa: Frontmatter

Introduction Francois du Bois and Antje du Bois-Pedain 1. Reconciliation as surrender: configurations of responsibility and memory Emilios Christodoulidis and Scott Veitch 2. Radical forgiveness: transforming traumatic memory beyond Hannah Arendt Pumla Gobodo-Madikizela 3. Communicating criminal and political responsibility in the TRC process Antje du Bois-Pedain 4. The contribution of criminal justice Volker Nerlich 5. Reparation and the forms of justice Francois du Bois 6. Land restitution and reconciliation in South Africa Theunis Roux 7. For justice and reconciliation to come: big business, the TRC and the demand for material reparation in South Africa Jaco Barnard-Naude 8. Transition, forgiveness and citizenship: the TRC and the social construction of forgiveness Stephane Leman-Langlois and Clifford Shearing 9. The evolving legitimacy of the South African constitutional court James L. Gibson 10. Justice and the art of reconciliation Carrol Clarkson 11. Post-conflict justice and the reconciliatory paradigm: the South African experience Francois du Bois and Antje du Bois-Pedain.