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Jurisprudence - Legal history
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Importance of legal history, phases of South African legal history
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JURISPRUDENCE 110Chapter 2 summary
Outcomes
Introduction
- Customary/ indigenous law
o African people in South Africa live according to their own traditional customs and practices
- South African law
o Roman-Dutch law
o Mixture of two legal systems
2.1 Importance of Legal History
- Law is not static
o South African law has gone through many changes
▪ New political dispensation
▪ New constitution
▪ Various new social structures
- South African common law
o Living law which is applied in courts
o Same as customary law → it is still applied
▪ Reason: uncodified legal system
• Our legal system is not in its entirety written down in a single code
• Codification of law is a comprehensive version of the law in writing that has the force
of legislation
o AKA an authoritative reading of the law
• Our law is found in various sources
o Two of which are customary law and common law
o This means: lawyers cannot turn to only one source of the law when they
search for answers to legal problems
- South African legal system links South Africa to various countries – Britain and others
o Reason: South African legal system shares a common legal history with these countries
▪ Because it developed from the same roots
▪ Because it was influenced by the same historical factors
▪ Because these systems influenced the South African legal system
o South African legal system shares many common characteristics with other countries
o Certain legal rules are frequently the same in different legal systems
▪ Fact is important in light of growing tendency towards globalisation
o Legal comparison
▪ Turning to other legal systems for guidance and solutions
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