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Title: | Tswana Legal Maxims |
Author: | Schapera, Isaac |
Year: | 1966 |
Periodical: | Africa: Journal of the International African Institute |
Volume: | 36 |
Issue: | 2 |
Period: | April |
Pages: | 121-134 |
Language: | English |
Geographic term: | Botswana |
Subjects: | Tswana customary law proverbs Peoples of Africa (Ethnic Groups) |
External links: | https://www.jstor.org/stable/1158200 http://gateway.proquest.com/openurl?url_ver=Z39.88-2004&res_dat=xri:pao:&rft_dat=xri:pao:article:4011-1966-036-00-000009 |
Abstract: | The author discusses a number of proverbs and similar sayings which are generally used in the context of litigation; some are statements of general principles, akin to the 'maxims' of Roamn law, others relate more particularly to justicial procedure. Many were actually quoted at trials withessed by the author himself or recorded by clerks of tribal courts, the rest were mentioned incidentally by informants when discussing points of Tswana law. The great majority are classed by the people themselves as 'proverbs'; others were introduced simply by some such phrase as 'The law says', or 'According to Tswana custom'. These maxims are one of the main sources of information on the content of the tribal code and used in the courts they provide the means to teach the people to get an insight in the law. Notes; French summary. |