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Vol 23 No 6 June/July 2018

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The Making of South African Legal Culture.1902-1936

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Martin ChanockLa Trobe University, Victoria

ISBN13: 9780521791564
ISBN: 0521791561
Published: May 2001
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £113.00
Paperback edition , ISBN13 9780521032971

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

The development of the South African legal system in the early twentieth century was crucial to the establishment and maintenance of the systems which underpinned the racist state, including control of the population, the running of the economy, and the legitimization of the regime. Martin Chanock's highly illuminating and definitive perspective on that development 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 construction of 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 re-fashioning of law under circumstances of post-colonialism and globalization.

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South Africa, Legal History, Other Jurisdictions
Part I. Puzzles, Paradigms and Problems: 1. Four stories; 2. Introduction: 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 19th century 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.