n South African Journal of Criminal Justice - The double life of unlawfulness : fact and law

Volume 20, Issue 1
  • ISSN : 1011-8527


This article examines the distinction between questions of fact and law in enquires into unlawfulness and grounds of justification. It argues that these enquiries comprise both questions of law and fact and that failure to recognise this may lead to arbitrariness or impede the development of the law of unlawfulness.

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