The Making of South African Legal Culture 1902-1936

ISBN-13: 9780521791564 / Angielski / Twarda / 2001 / 588 str.

Martin Chanock

Opis

Martin Chanock's definitive perspective on the development of South Africa's legal system in the early twentieth century examines all areas of the law: criminal law and criminology; the Roman-Dutch law; the State's African law; Land, Labour and "Rule of Law" questions. His revisionist analysis of the South African legal culture illustrates the larger processes of legal colonization, while the consideration of the interaction between imported doctrine and legislative models with local contexts and approaches also provides a basis for understanding the refashioning of law under circumstances of postcolonialism and globalization.

Recenzje

'This imposing study is the culmination of more than a decade of scholarly publication on South African legal history by Martin Chanock, but readers will also fine here a reappraisal of themes that he addressed in his first book 25 years ago: the early Union state's weakness and its circumspect emergence from British imperial supervision and example. but whereas the earlier volume considered the Union externally from the perspective of Britain's plans for central and southern Africa, this book examines South African state formation from within … [an] extraordinarily ambitious book.' African Affairs

Spis treści

Preface; Acknowledgements; List of abbreviations; Part I. Puzzles, Paradigms and Problems: 1. Four stories; 2. Legal culture, state making and colonialism; Part II. Law and Order: 3. Police and policing; 4. Criminology; 5. Prisons and penology; 6. Criminal law; 7. Criminalising political opposition; Part III. South African Common Law A: 8. Roman-Dutch law; 9. Marriage and race; 10. The legal profession; Part IV. South African Common Law B: 11. Creating the discourse: customary law and colonial rule in South Africa; 12. After Union: the segregationist tide; 13. The native appeal courts and customary law; 14. Customary law, courts and code after 1927; Part V. Law and Government: 15. Land; 16. Law and labour; 17. The new province for law and order: struggles on the racial frontier; 18. A rule of law; Part VI. Consideration: 19. Reconstructing the state: legal formalism, democracy and a post-colonial rule of law; Bibliography; Index; Index of legal cases cited.