Chapter

Roman-Dutch Law in its South African Historical Context

Eduard Fagan

in Southern Cross

Published in print November 1996 | ISBN: 9780198260875
Published online March 2012 | e-ISBN: 9780191682162 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198260875.003.0002
Roman-Dutch Law in its South African Historical Context

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This chapter presents an overview which seeks to place the development of the Roman-Dutch law within a broader South African historical context, making liberal use of some of the detailed recent work of specialists in South African history. It raises the question of why the legal system is virtually exclusively European. It also seeks to suggest that Roman-Dutch law, with its powerful tradition of legal principle, need be neither narrowly defined nor artificially protected against the enriching influence of other systems.

Keywords: South African law; Roman-Dutch law; legal system; South Africa

Chapter.  17571 words. 

Subjects: History of Law

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