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Summary Influence of Roman, Roman-Dutch and English Law on South African Law

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Notes for Introduction to law (LAWS1011A at Wits University). A comprehensive summary of the topic content - including diagrams, definitions and explanations where applicable.

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University Of The Witwatersrand (wits)
Course
Introduction To Law









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Institution
University of the Witwatersrand (wits)
Course
Introduction To Law
All documents for this subject (35)

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Uploaded on
February 27, 2023
Number of pages
7
Written in
2022/2023
Type
Summary

Subjects

  • roman law
  • roman dutch law
  • english law
  • south african law
  • historical context
  • law
  • history of law

Content preview

Influence of Roman Law, Roman-
Dutch Law and English Law on
South African Law
Created @September 27, 2022 12:22 PM

Class

Type

Materials

Reviewed



Importance of Studying Legal History
Allows us to evaluate the developments of law over time



1. Roots of modern SA Law

Roman law

roman dutch law

African customary law

English law

religious-based legal systems



2. SA law is a mixed/hybrid legal system



3. Historical component of SA Law: common law

Roman-Dutch Law




Influence of Roman Law, Roman-Dutch Law and English Law on South African Law 1

, English Law




Overview of Roman Legal Hisotry
753BCE to 476CE
City of rome established: 753BCE



roman law developed from customs of Romans

roman empire grew → legal system grew



Periods of Roman Law:

1. Ancient Law

2. Pre-Classical Law

3. Classical Law

4. Post-Classical Law

5. Justinian Law




Ancient Law
Non-Legal History

Romulus and Remus → discovered rome

period of kings

aristocracy ruled plebians
(unequal society, plebians had no political power)

class struggles between plebians and aristocracy



Legal Tradition, Sources and Branches of law:



Influence of Roman Law, Roman-Dutch Law and English Law on South African Law 2
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