The making of South African legal culture, 1902-1936 : fear, favour, and prejudice / Martin Chanock.

Format:

Book

Author/Creator:

Chanock, Martin, author.

Language:

English

Subjects (All):

Law--South Africa--History.

Law.

Physical Description:

1 online resource (xv, 571 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge : Cambridge University Press, 2001.

Language Note:

English

Summary:

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 legitimization of the regime. Martin Chanock's highly illuminating and definitive perspective on that development examines all areas of the law: 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 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.

Contents:

Part I. Puzzles, Paradigms and Problems: 1. Four stories ; 2. Introduction: legal culture, state-making and colonialism

Part II. Law and Order: 3. Police and policing ; 4. Criminology ; 5. Prisons and penology ; 6. Criminal law ; 7. Criminalising political opposition

Part III. South African Common Law A: 8. Roman-Dutch law ; 9. Marriage and race ; 10. The legal profession

Part IV. South African Common Law B: 11. Creating the discourse: customary law and colonial rule in 19th century South Africa ; 12. After union: the segregationist tide ; 13. The Native Appeal Courts and customary law ; 14. Customary law, courts and code after 1927

Part V. Law and Government: 15. Land 16. Law and labour ; 17. The new province for law and order: struggles on the racial frontier ; 18. A rule of law

Part VI. Consideration: 19. Reconstructing the state: legal formalism, democracy and a post-colonial rule of law.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Includes bibliographical references (p. 539-554) and indexes.

ISBN:

1-107-12158-2

0-511-01423-6

1-280-43003-6

0-511-17580-9

0-511-15646-4

0-511-30411-0

0-511-49540-4

0-511-04683-9

OCLC:

559072077