n South African Law Journal - Making sense of wrongfulness

Volume 125, Issue 2
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



This article considers why it is so difficult to make sense of the concept of 'wrongfulness' in South African law, and argues that part of the problem concerns the question of how much information it is appropriate to take into account when determining wrongfulness, and, in particular, whether it is preferable to consider the question in the light of only that information of which the actor was, or ought reasonably to have been, aware (the restricted-information approach) or in the light of all the information available to the court, including the information of which the actor was not, and could not reasonably have been expected to have been, aware (the full-information approach).

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