Different responses to judicial corruption : the South African common law

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Authors

Thomas, P.J. (Philippus Johannes)

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Southern African Society of Legal Historians

Abstract

The corruption of judges is traced in Roman law and the English common law. The search for precedent brings us to the person of Francis Bacon, universally admired as the father of the new natural sciences. His career in law culminated in the chancellorship and was ended by impeachment. As a scientist Bacon questioned the philosophical underpinnings of natural science of his time and developed a new philosophy of science. Bacon was a utilitarian and his importance is found in the reception of his ideas. His law career ended with his removal from office on the grounds of his having accepted bribes, which he freely confessed. The inconsistency in Bacon’s behaviour in these two branches of science deserves attention.

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Sustainable Development Goals

Citation

Thomas, P 2011, 'Different responses to judicial corruption : the South African common law', Fundamina: a Journal of Legal History, vol. 17, no. 2, pp. 139-152.