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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:English law and African justice
Author:Lewin, J.
Year:1968
Periodical:African Studies
Volume:27
Issue:4
Pages:157-165
Language:English
Geographic terms:South Africa
Great Britain
Subjects:reception of foreign law
legal education
External link:https://doi.org/10.1080/00020186808707292
Abstract:The basic question in South Africa is: which law should be applied - English or indigenous law? In South Africa, public policy towards tribal custom has long been, in effect, a political matter thinly disguised as a legal issue. The real difficulty was how to assess or evaluate customs usually unfamiliar, and sometimes repugnant to White lawyers and Courta. It is 'a sentimental fiction' to believe that Roman-Dutch law is today (or was yesterday) the law of South Africa. Also in other African territories, which were formerly under British rule, the same old basic question, which law to apply arose. Other questions are: What is the future role of African lawyers to be? What kind of education are students getting, especially if they come to Britain, to enable them to play their part? African lawyers should be trained for a career in the public service and should study the sociology of law as part of their education. South Africa can help us to understand Maine's important generalization - That in the development of law, the sequence is from judgement to custom to legislation.
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