A Utilitarian Approach to Compensation for Expropriation: Michelman’s Approach Applicable to South Africa?

25 Pages Posted: 25 Jul 2012

Date Written: July 18, 2012

Abstract

A working paper, looking to answer why we pay compensation for expropriation. This paper looks at the Utilitarian approach to compensation, as formulated by Prof Frank Michelman and asking whether such an approach is viable for South Africa. It was presented at a symposium at Johannesburg in honor of him. A more refined (and complete) version will hopefully be published later this year/next year.

Keywords: expropriation, demoralization costs, South Africa, section 25 Constitution

Suggested Citation

du Plessis, Elmien, A Utilitarian Approach to Compensation for Expropriation: Michelman’s Approach Applicable to South Africa? (July 18, 2012). Available at SSRN: https://ssrn.com/abstract=2116934 or http://dx.doi.org/10.2139/ssrn.2116934

Elmien Du Plessis (Contact Author)

North West University - Faculty of Law ( email )

Potchefstroom, North West
South Africa

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