Prof. Raymond Koen
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Position: | Deputy Dean |
Department: | Criminal Justice and Procedure |
Faculty: | Faculty of Law |
Qualifications: | LLM, PhD |
More about me: | here and here |
My publications in this repository | |
Tel: | 021 959 3282 |
Email: | rkoen@uwc.ac.za |
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Browsing by Subject "Restorative justice"
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Item All roads lead to property: Pashukanis, Christie and the Theory of Restorative Justice(North-West University, 2013) Koen, RaymondThe name of Evgeny Pashukanis, the Bolshevik jurisprudent, is linked umbilically to the so-called commodity form theory of law. In his Law and Marxism Pashukanis develops a general theory of law which turns upon the relationship between the commodity form and the legal form. The fundamental postulates of the general theory are, firstly, that the legal form is the analytical fulcrum of the general theory of law, and secondly, that the commodity form is the key to the analysis of the legal form. Law and Marxism, which first appeared almost ninety years ago, continues to occupy pride of place in the Marxist analysis of the law. Indeed, if there is a classical Marxist theory of law it is the so-called commodity form theory of law.Item Law and justice at the dawn of the 21st century: Essays in honour of Lovell Derek Fernandez(University of the Western Cape, 2016) Martin, Bernard; Koen, RaymondEssays in honour of Lovell Derek Fernandez, Lawyer, Linguist, MenschItem Restorative justice as postmodern justice: exegesis and critique(University of the Western Cape, 2016) Koen, RaymondThis essay explores the relationship between postmodernism and RJ. Postmodernism quickly outgrew its non-legal origins and has extended its reach to incorporate matters legal. Already, it has established a significant presence in the law, as increasing numbers of legal theorists have adopted or included a postmodern perspective in their analytical endeavours. The particular concern of the essay is with the impact of postmodernism upon the field of criminal justice. In this connection, it is submitted that RJ is the exemplification of the postmodern attitude in criminal justice. This submission is grounded in an investigation of the interrelations between postmodernism and RJ in six spheres, namely, the state, history, alterity, power, subjectivity and consumerism. This investigation shows that in each sphere there is a discernible and compelling postmodern flavour to the RJ tenet in question. In consequence, it is posited that the intersection between postmodernism and RJ is significant enough to justify the proposition that if there is a postmodern criminal justice it is RJ. In other words, RJ is postmodern justice. However, the relationship between postmodernism and RJ is steeped in contradiction. The latter part of the essay seeks to probe this contradiction, via an exposition and critique of the political economies of postmodernism and RJ, with a view to comprehending its implications for the future of RJ.