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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The sources of law in Tswana tribal courts: legislation and precedent
Author:Schapera, I.ISNI
Year:1957
Periodical:Journal of African Law
Volume:1
Issue:3
Pages:150-162
Language:English
Geographic term:Botswana
Subjects:Tswana
customary law
Abstract:Tswana chiefs have had from time immemorial the power to change the law; recently such legislation has become fairly common, mainly owing to western civilisation. Such laws are well-known to the people, though seldom recorded in writing, and are still enforced in the tribal courts to-day. No written records; experts in law or procedure, remembrancers or men of the court, attended the court and would state the relevant law and cite precedents. The role of courts is not simply to admister justice; often the law is stated on a certain issue, and this serves to instruct the people present in the legal norms of their society. Existing law is not merely applied, but may be abolished or modified if advisable. Conflicts between traditional rules and modern innovations. It is uncertain what the introduction of written records will have upon the development of Tswana Law. Citations of decisions from Tswana courts.
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