oa African Yearbook of Rhetoric - When third parties are hard to find : in search of lost institutions

Volume 9 Number 1
  • ISSN : 2220-2188
  • E-ISSN: 2305-7785



Introduction: Preliminary Observations The introduction of managerial norms in the realm of legal jurisprudence has given rise to some very vehement criticism bordering on excommunication.

Paul Martens, President Emeritus of the Belgian Constitutional Court writes, in the preface of a book entitled The New Management of Justice and the Independence of Judges:

“Doesn’t any lawyer attached to the essence of his discipline have a duty of insurrection in the face of this masked invader that is management? Can he welcome without protest the commodification of his office, the marketisation of his production, the commodification of his soul?”2

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