Legal history — importance?
Explains current law through its historical development.
Living law — examples?
Common law and customary law.
Common law — characteristic?
Based on judicial decisions and precedents.
Customary law — transmission?
Passed orally across generations.
Roman-Dutch law — origin?
From Roman law, adapted via Dutch influence.
Colonialism — effect on law?
Imposed Dutch and English laws, coexisting with customary law.
Pluralism — meaning?
Multiple legal systems coexist in South Africa.
Roman law — role?
Foundation for Roman-Dutch law and Western legal systems.
Reception of Roman law — process?
Incorporation into Dutch law from 13th-16th centuries.
Dutch jurists — key figure?
Hugo de Groot, Simon van Leeuwen.
Burgerlijk Wetboek — significance?
Dutch civil code of 1838 codifying Roman-Dutch principles.
Roman-Dutch law — development?
Evolved through jurists’ writings and judicial decisions.
Apartheid laws — impact?
Enforced racial segregation and civil liberty restrictions.
Parliamentary sovereignty — during apartheid?
Laws could not be challenged by courts.
Post-apartheid shift — principle?
Constitutional supremacy over laws and government actions.
1996 Constitution — significance?
Establishes the Constitution as the highest law.
Human dignity — meaning?
Inherent worth of every person, deserving respect.
Equality — core value?
All individuals entitled to equal protection and benefit.
Rule of law — key idea?
Laws and actions must conform to the Constitution.
Separation of powers — purpose?
Divides authority among legislative, executive, judiciary.
Answer 10 questions on Foundations of South African Legal History.
1. Who is credited with emphasizing the importance of legal history in understanding the development of law?
2. When did Dutch colonization of the Cape begin?
Go over the full study guide for Foundations of South African Legal History.
Read the study guide →Upload your class notes and Revizly writes your flashcards in about a minute.
Flashcard maker