Developments in Criminal Law in Post-Apartheid South Africa: Abolition of the Death Penalty and Justifications for Punishment

George Novisi Vukor-Quarshie

Developments in Criminal Law in Post-Apartheid South Africa: Abolition of the Death Penalty and Justifications for Punishment

In: Law, Morality and Power: Global Perspectives on Violence and the State

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George Novisi Vukor-Quarshie

George Novisi Vukor-Quarshie
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Type:: Chapter

Pages:: 69–75

DOI:: https://doi.org/10.1163/9781848880412_010

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In many ancient African cultures, the term ‘evil’ carries the broad connotation of ‘something threatening or bringing misfortune, bad luck or disaster’ – hence the apotropaic character of ancient African law. Under all cultures, ‘evil’ is usually contrasted with ‘good,’ a word that describes acts that are subjectively beneficial to the observer. The influence of religion on various legal cultures and traditions, has perpetuated the classic antagonism between good and evil, and modern society has become the latest battleground. Post-apartheid South Africa (SA) boasts of one of the most ‘progressive’ constitutions in Africa. She is one of the few countries in Africa which has abolished the death penalty, de jure and de facto. The abolition of the death penalty has not gone down well with many post-apartheid South Africans who blame the alarmingly high violent crimes statistics on the removal of the death penalty deterrent. The police are also frustrated in their fight against armed criminals because of their inability to use lethal force to counter the use of similar force by such criminals. This paper examines developments in the criminal law of SA after apartheid. It focuses primarily on justifications for punishment in SA generally and particularly the abolition of the death penalty as a penal option. What are the goals of punishment in SA? Do they promote ‘good’ and eschew ‘evil’? Adopting the neo-contractarian theory of law, would any person, acting from Rawl’s ‘original position’ through ‘a veil of ignorance’ contract himself/herself into a society advocating such goals?

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Law, Morality and Power: Global Perspectives on Violence and the State

E-Book ISBN:: 9781848880412

Publisher:: Brill

Print Publication Date:: 23 Apr 2010

Subjects
- Philosophy
  - Ethics & Moral Philosophy
  - Social & Political Philosophy

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Developments in Criminal Law in Post-Apartheid South Africa: Abolition of the Death Penalty and Justifications for Punishment

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Law, Morality and Power: Global Perspectives on Violence and the State

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