n Stellenbosch Law Review = Stellenbosch Regstydskrif - The usefulness of Michelman's utilitarian approach to compensation for expropriation in South Africa




Two recent court cases, 2013 4 SA 1 (CC) and (LCC 156/2009) 2012 ZALCC 7 (19 April 2012) put compensation issues on the foreground again. This article uses these two cases to discuss Michelman's theory of compensation as proposed in his seminal article, "Property, Utility, and Fairness: Comments on the Ethical Foundations of 'Just Compensation' Law" (1967) 80 1165. The aim is to show what lessons we can learn from such a utilitarian perspective on compensation, and to assess whether this is useful in the South African context.


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