Foreword by John Dugard Eulogy for Professor Barend Van Niekerk by Dr. Alan Paton Preface Introduction The Concept of Freedom of Speech in the Legal Domain and its Premises The Formal Restrictions on Legal Free Speech: The Protection of the Prestige and Standing of Legal Officers and of the Administration of Justice Trial Publicity Restrictions Informal Restrictions and Indirect Sanctions on Free Speech in the Legal Domain Conclusion: The Unending Struggle Notes Afterword: Freedom of Speech and the Administration of Justice--Recent Developments by Gilbert Marcus Index
n Niekerk /f Barend
?In four chapters, a conclusion, and afterword, the author, a
distinguished professor of law (now deceased) born into the White
Tribe of Africa--the Afrikaners, ' restates the liberal tradition
in opposition to the restrictions on free speech, trial publicity,
and the fair administration of justice so tragically exemplified by
South Africa today.... A monumental work with superb notes.
Excellent translations of otherwise unavailable materials,
especially court decisions, from a dozen languages.
Essential.?-Choice
?Niekerk has given us an important work in comparative
law.?-American Political Science Review
?This is an extraordinary and moving book. It is (in my experience)
unprecedented for a work of legal scholarship to be so shaped by
the author's personal experience of the particular area of law. . .
. This book, remarkable for the breadth of its scholarship and its
roots in the author's career, is written with vigor and passion,
but not a passion that ever blinds the author to the complexities
of the rich subject on which he was writing.?-The American Journal
of Comparative Law
?Van Niekerk admirably succeeds in showing that in Western
countries law, custom, and taboo combine to ensure that there is
seldom any open, let alone robust' debate of judicial behavior and
action.... There is no doubt that it will prove to be highly
provocative, as it challenges much accepted wisdom and many sacred
cows.?-John Dugard, Advocate of the Supreme Court of South Africa
and Professor of Law, University of Witwatersrand
"Niekerk has given us an important work in comparative
law."-American Political Science Review
"This is an extraordinary and moving book. It is (in my experience)
unprecedented for a work of legal scholarship to be so shaped by
the author's personal experience of the particular area of law. . .
. This book, remarkable for the breadth of its scholarship and its
roots in the author's career, is written with vigor and passion,
but not a passion that ever blinds the author to the complexities
of the rich subject on which he was writing."-The American Journal
of Comparative Law
"Van Niekerk admirably succeeds in showing that in Western
countries law, custom, and taboo combine to ensure that there is
seldom any open, let alone robust' debate of judicial behavior and
action.... There is no doubt that it will prove to be highly
provocative, as it challenges much accepted wisdom and many sacred
cows."-John Dugard, Advocate of the Supreme Court of South Africa
and Professor of Law, University of Witwatersrand
"In four chapters, a conclusion, and afterword, the author, a
distinguished professor of law (now deceased) born into the White
Tribe of Africa--the Afrikaners, ' restates the liberal tradition
in opposition to the restrictions on free speech, trial publicity,
and the fair administration of justice so tragically exemplified by
South Africa today.... A monumental work with superb notes.
Excellent translations of otherwise unavailable materials,
especially court decisions, from a dozen languages.
Essential."-Choice
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