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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Item Cave pecuniam: Lawyers as launderers(North-West University, 2012) Hamman, Abraham; Koen, RaymondIn South Africa there is something almost sacrosanct about an attorney's trust account. It is the prescribed destination of all funds paid in trust by a client to an attorney. Clients tend to have complete confidence in the fact that their money is entrusted thus. Its very designation as trust money encourages such confidence. The trust account is also the account in respect of which the Attorneys Fidelity Fund requires an annual audit to determine if an attorney is awarded the Fidelity Fund Certificate which he requires to practise. All in all, the trust account is the barometer of the good standing of a law practice, and the index of its trustworthiness. Hence the aura of venerability which surrounds it.Item 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.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 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 Pashukanis on crime and punishment(University of Pretoria, 2013) Koen, RaymondEvgeny Pashukanis deservedly is famous as the author of the so-called commodity form theory of law. In his Law and Marxism he postulated that the form of legal relations held the key to the Marxist critique of law and that, in turn, the key to comprehending the legal form lay in its relation to the commodity form. The crucial concept here is the principle of equivalence or the equality postulate, which Pashukanis classifies variously as the “first truly juridical idea”1 or the “juridical soul” of criminal proceedings. Just as commodity exchange pivots upon mutual recognition by commodity owners of one another as equals, so legal exchange stipulates reciprocal acceptance by legal subjects of one another as compeers. Indeed, juridification is the alter ego of commodification, in that the evolution of the legal form tracks the evolution of the commodity form. In a word, Pashukanis theorised the legal form as the homologue of the commodity form, with both delimited in terms of the principle of equivalence. Pashukanis made it clear always that the historical genesis of his general theory lay in private law, specifically the law of contract. It is the branch of law which is both the historical and logical repository of the notion of equivalence.3 By contrast, criminal justice appears to be far removed from the commodity form and the idea of equivalence. This article investigates the relationship between Pashukanism and criminal justice, attempting to prove that the private law derivation of the commodity form theory does not preclude its extrapolation to public law in general and to criminal law in particular. It seeks to convince that the disjunction between Pashukanism and criminal justice is more apparent than real. Pashukanis formulated the commodity form theory as a general theory of law, and the argument herein thus may be read as a defence of that generality.