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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 PHENOMENONR50,00
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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
EXTERNAL AND INTERNAL LEGAL HISTORY
DIFFERENT COMPONENTS OF SOUTH AFRICAN LAW
THE SOURCES OF LAW: THE RELATIONSHIP BETWEEN THE DIFFERENT COMPONENTS
THE RECEPTION PHENOMENON
external and internal legal historydifferent components of south african law the sources of law the relationship between the different components the reception phenomenon
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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