Abstract not available. / Thesis (LL.D.)-University of KwaZulu-Natal, Durban, 2011.

The role of Deterrence and Retribution in sentencing in South African Courts Since the early history of the existence of humanity punishment has been meted out to transgressors of the laws of society. Informal sanctions, including ostracism are imposed by members of society for social transgressions. Formal punishment is imposed by courts through a system of criminal justice. This dissertation deals with the concept of punishment. It considers the significance of the theories of punishment in the sentencing process with particular reference to deterrence and retribution, the philosophical rationale for their use and thus their role in sentencing. In this study the historical evolution of retribution is traced and the recognition accorded particularly to retribution and deterrence as well as reformation and prevention as penal objectives at various periods in history is examined. Case law has been cited to determine their recognition by judicial practice in criminal courts. The study also reflects on the criminal justice system's clients' perceptions on sentencing. / Criminal & Procedural Law / LL.M.

The role of Deterrence and Retribution in sentencing in South African Courts Since the early history of the existence of humanity punishment has been meted out to transgressors of the laws of society. Informal sanctions, including ostracism are imposed by members of society for social transgressions. Formal punishment is imposed by courts through a system of criminal justice. This dissertation deals with the concept of punishment. It considers the significance of the theories of punishment in the sentencing process with particular reference to deterrence and retribution, the philosophical rationale for their use and thus their role in sentencing. In this study the historical evolution of retribution is traced and the recognition accorded particularly to retribution and deterrence as well as reformation and prevention as penal objectives at various periods in history is examined. Case law has been cited to determine their recognition by judicial practice in criminal courts. The study also reflects on the criminal justice system's clients' perceptions on sentencing. / Criminal and Procedural Law / LL.M.

This study involves a critical appraisal of the legal implications of South Africa’s withdrawal from the International Criminal Court (ICC) in the context of its international and regional human rights obligations. The dissertation also investigates the history and formation of the ICC, South Africa’s involvement and its role as a guardian of international and regional human rights obligations in Africa. The study reviews the circumstances leading to South Africa’s notice of withdrawal from the ICC, including the legal implications and international human rights obligations. This inquiry considers South Africa’s proposed withdrawal from the ICC which is supported by points of departure and a comprehensive literature review. The decision to withdraw from the ICC is considered to be a political one. However, this study raises questions about the executive’s withdrawal in regard to its domestic, regional and international human rights obligations, irrespective of whether it is a member of the ICC. The study surveys the background to South Africa’s participation in the ICC, its membership of the African Union and the implications of ICC membership including the obligations imposed on member states. / Criminal and Procedural Law / LL. M.