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

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"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.
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Editorial Reviews

From the Publisher
"[T]his important book should inform law and society inquiry well beyond the sphere of those with a specialist interest in either South Africa or colonial legal history." Canadian Journal of Law and Society

"Chanock's highly 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." African Sun Times

"Martin Chanock offers a compelling and well-documented account of the process of state building and the formation of legal culture in early twentieth century South Africa...Chanock's effort deserves attention from both historians and non-historians as he raises important issues and questions that reach across a variety of different disciplines...Chanock's study is a welcome addition to the growing literature on the law and legal culture in South Africa. His work demonstrates the significant analytical and empirical leverage one can gain through an examination of the intersection of laws, politics, and state building." H-Net Reviews

"Chanock's analysis is thorough, detailed and precise...this book allows us to understand the making of South African legal culture." The Law and Politics Book Review Dec 2001

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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)

Meet the Author

Martin Chanock is Professor of Law and Legal Studies at La Trobe University, Melbourne, Australia. 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).

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Table of Contents

List of abbreviations
Pt. I Puzzles, paradigms and problems
1 Four stories 3
2 Legal culture, state making and colonialism 20
Pt. II Law and order
3 Police and policing 45
4 Criminology 61
5 Prisons and penology 97
6 Criminal law 114
7 Criminalising political opposition 133
Pt. III South African common law A
8 Roman-Dutch law 155
9 Marriage and race 197
10 The legal profession 211
Pt. IV South African common law B
11 Creating the discourse: customary law and colonial rule in South Africa 243
12 After Union: the segregationist tide 273
13 The native appeal courts and customary law 291
14 Customary law, courts and code after 1927 328
Pt. V Law and government
15 Land 361
16 Law and labour 406
17 The new province for law and order: struggles on the racial frontier 437
18 A rule of law 470
Pt. VI Consideration
19 Reconstructing the state: legal formalism, democracy and a post-colonial rule of law 511
Bibliography 539
Index 555
Index of legal cases cited 569
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