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The Making of South African Legal Culture 1902–1936: Fear, Favour and Prejudice

Autor Martin Chanock
en Limba Engleză Paperback – 24 ian 2007
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.
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Specificații

ISBN-13: 9780521032971
ISBN-10: 0521032970
Pagini: 588
Dimensiuni: 152 x 229 x 33 mm
Greutate: 0.85 kg
Ediția:Revised
Editura: Cambridge University Press
Colecția Cambridge University Press
Locul publicării:Cambridge, United Kingdom

Cuprins

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.

Recenzii

'This major volume is not only a powerful and sophisticated revisionist account of South Africa's legal culture and the construction of the Union's legal framework in the context of the late nineteenth-century and early twentieth-century extension of colonial rule and rapid industrialization; it is also an outstanding account of the centrality of the law in the making of the segregationist state between 1902 and 1936.' The Journal of Imperial and Commonwealth History
'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

Descriere

A definitive perspective on the development of the South African legal system in the early twentieth century.

Notă biografică