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; and land, labour and 'rule of law' questions. His revisionist analysis of the construction of South African legal culture…mehr
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; and 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.
Martin Chanock is Professor of Law and Legal Studies at La Trobe University, Victoria. His publications include Law, Custom and Social Order. The Colonial Experience in Malawi and Zambia (1985), and Unconsummated Union Britain, Rhodesia and South Africa 1900-1945 (1977).
Inhaltsangabe
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.
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.
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