1887

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

Volume 24, Issue 2
  • ISSN : 1016-4359
USD

 

Abstract

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.

Loading full text...

Full text loading...

Loading

Article metrics loading...

/content/ju_slr/24/2/EJC148395
2013-01-01
2016-12-10

This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error