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

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Cambridge University Press, Mar 5, 2001 - History - 571 pages
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Martin Chanock's definitive perspective on the development of South Africa's legal system in the early twentieth century 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 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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Contents

Four stories
3
Legal culture state making and colonialism
20
Police and policing
45
Criminology
61
Prisons and penology
97
Criminal law
114
Criminalising political opposition
133
RomanDutch law
155
Customary law courts and code after 1927
328
Land
361
Law and labour
406
struggles on the racial
437
A rule of law
470
legal formalism democracy
511
Judges
517
Race
527

Marriage and race
197
The legal profession
221
customary law and colonial rule
243
the segregationist tide
273
The native appeal courts and customary law
291

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About the author (2001)

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).

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