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Summary EXTERNAL AND INTERNAL LEGAL HISTORY DIFFERENT COMPONENTS OF SOUTH AFRICAN LAW THE SOURCES OF LAW: THE RELATIONSHIP BETWEEN THE DIFFERENT COMPONENTS THE RECEPTION PHENOMENON R50,00
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  3. University Of South Africa (Unisa)
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  5. HFL1501 - Historical Foundations Of South African Law

Summary

Summary EXTERNAL AND INTERNAL LEGAL HISTORY DIFFERENT COMPONENTS OF SOUTH AFRICAN LAW THE SOURCES OF LAW: THE RELATIONSHIP BETWEEN THE DIFFERENT COMPONENTS THE RECEPTION PHENOMENON
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EXTERNAL AND INTERNAL LEGAL HISTORY DIFFERENT COMPONENTS OF SOUTH AFRICAN LAW THE SOURCES OF LAW: THE RELATIONSHIP BETWEEN THE DIFFERENT COMPONENTS THE RECEPTION PHENOMENON

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  • October 20, 2022
  • 2
  • 2021/2022
  • Summary

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  • external and internal legal historydifferent components of south african law the sources of law the relationship between the different components the reception phenomenon

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Learning Unit 1
EXTERNAL AND INTERNAL LEGAL HISTORY


Traces the sources and factors that have Covers the origin and development of
contributed to the development of a legal the legal rules and principles, under the
system. influence of external historical events.

These relate to the:
 Political
 Constitutional
 Economic
 Sociological
 Religious factors
that have influenced the development of the
legal system.

Sheds light on the internal history of law.



DIFFERENT COMPONENTS OF SOUTH AFRICAN LAW

LEGAL PLURALISM describes a factual situation in a country. It refers to the fact that there are 2 or more
systems of law applicable in a country.

MIXED OR HYBRID LEGAL SYSTEM refers to the characteristic features of a legal system.
 Two (2) main legal traditions South African law is built is:
(1) Civil-(Roman) law tradition – (Became relevant in 17th Century)
Western component
(2) English common-law tradition – (Became relevant in 18th Century)
African tradition was later added, when the Constitution officially recognized indigenous law as
part of the South African legal system.
“There is only one system of law. It is shaped by the Constitution which is the supreme law, including the common law, derives its
forces from the Constitution and is subject to constitutional control.”

Human-right law Universal component



Indigenous Indigenous
Component African Law


Roman-Dutch
Law
South African Legal Western
System Component
English Law


Universal Human-rights
Component law

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