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

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

by Martin Chanock
     
 

"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 legitimisation of the regime. Martin Chanock's illuminating and definitive perspective on that development examines… See more details below

Overview

"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 legitimisation of the regime. Martin Chanock's illuminating and definitive perspective on that development examines all areas of the law including 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 colonisation, 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 globalisation."--BOOK JACKET.

Product Details

ISBN-13:
9780521032971
Publisher:
Cambridge University Press
Publication date:
12/28/2006
Pages:
588
Product dimensions:
5.98(w) x 8.98(h) x 1.30(d)

Related Subjects

Table of Contents

Preface
Acknowledgements
List of abbreviations
Pt. IPuzzles, paradigms and problems
1Four stories3
2Legal culture, state making and colonialism20
Pt. IILaw and order
3Police and policing45
4Criminology61
5Prisons and penology97
6Criminal law114
7Criminalising political opposition133
Pt. IIISouth African common law A
8Roman-Dutch law155
9Marriage and race197
10The legal profession211
Pt. IVSouth African common law B
11Creating the discourse: customary law and colonial rule in South Africa243
12After Union: the segregationist tide273
13The native appeal courts and customary law291
14Customary law, courts and code after 1927328
Pt. VLaw and government
15Land361
16Law and labour406
17The new province for law and order: struggles on the racial frontier437
18A rule of law470
Pt. VIConsideration
19Reconstructing the state: legal formalism, democracy and a post-colonial rule of law511
Bibliography539
Index555
Index of legal cases cited569

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