The Making of South African Legal Culture 1902 1936

Author: Martin Chanock
Publisher: Cambridge University Press
ISBN: 9780521791564
Format: PDF, ePub
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Martin Chanock's definitive perspective on the development of South Africa's legal system in the early twentieth century examines all areas of the law: criminal law and criminology; the Roman-Dutch law; the State's African law; Land, Labour and 'Rule of Law' questions. His revisionist analysis of the South African legal culture illustrates the larger processes of legal colonization, while the consideration of the interaction between imported doctrine and legislative models with local contexts and approaches also provides a basis for understanding the re-fashioning of law under circumstances of post-colonialism and globalization.

The Constitution of South Africa

Author: Heinz Klug
Publisher: Bloomsbury Publishing
ISBN: 1847317413
Format: PDF, ePub, Mobi
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South Africa's 1996 'Final' Constitution is widely recognised as the crowning achievement of the country's dramatic transition to democracy. This transition began with the unbanning of the liberation movements and release of Nelson Mandela from prison in February 1990. This book presents the South African Constitution in its historical and social context, providing students and teachers of constitutional law and politics an invaluable resource through which to understand the emergence, development and continuing application of the supreme law of South Africa. The chapters present a detailed analysis of the different provisions of the Constitution, providing a clear, accessible and informed view of the constitution's structure and role in the new South Africa. The main themes include: a description of the historical context and emergence of the constitution through the democratic transition; the implementation of the constitution and its role in building a new democratic society; the interaction of the constitution with the existing law and legal institutions, including the common law, indigenous law and traditional authorities; as well as a focus on the strains placed on the new constitutional order by both the historical legacies of apartheid and new problems facing South Africa. Specific chapters address the historical context, the legal, political and philosophical sources of the constitution, its principles and structure, the bill of rights, parliament and executive as well as the constitution's provisions for cooperative government and regionalism. The final chapter discusses the challenges facing the Constitution and its aspirations in a democratic South Africa.The book is written in an accessible style, with an emphasis on clarity and concision. It includes a list of references for further reading at the end of each chapter.

From Prohibited Immigrants to Citizens

Author: Jonathan Klaaren
Publisher: Juta and Company (Pty) Ltd
ISBN: 1775822095
Format: PDF, Docs
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Jonathan Klaaren blends legal and social history in this engaging account of early conceptions of South African citizenship. He argues that distinctively South African notions of citizenship and nationality come out of the period 1897 to 1937, through legislation and official practices employing the key concept of ‘prohibited immigrant’ and seeking to regulate the mobility of three population groups: African, Asian and European. Further, he makes the case that the regulation and administration of immigrants from the Indian sub-continent, in particular, provided the basis for the vision and eventual reality of a unified, although structurally unequal, South African population. This book fits into the growing field of Mobility Studies, which seeks to understand and document the migration of people both within and across national borders, while exploring the origins of those borders. In addition to nationality and citizenship, it touches on African pass laws, the origins of the Public Protector, the scheme importing Chinese labour to the gold mines, the development of internal bureaucratic legality, and India-South Africa intra-imperial relations. With its attention to the role of law in state-building and its understanding of the central place of implementation and administrative law in migration policy, this book offers a distinctive focus on the relationship between migration and citizenship.

Theories of Social and Economic Justice

Author: André Johannes Van der Walt
Publisher: AFRICAN SUN MeDIA
ISBN: 1919980822
Format: PDF, ePub, Mobi
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The bulk of the contributions in this publication originated in a research project initiated by the Stellenbosch Institute for Advanced Study (STIAS) in 2002. The book is based on the idea that the attainment of greater social and economic justice, specifically in the South African context, is strongly influenced by the implications and the coherence of various theories of social and economic justice.

The Man before the Mahatma

Author: Charles DiSalvo
Publisher: Random House India
ISBN: 8184003382
Format: PDF, ePub, Docs
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At the age of eighteen, a shy and timid Mohandas Gandhi leaves his home in Gujarat for a life on his own. At forty-five, a confident and fearless Gandhi, ready to boldly lead his country to freedom, returns to India. What transforms him? The law. The Man before the Mahatma is the first biography of Gandhi’s life in the law. It follows Gandhi on his journey of self-discovery during his law studies in Britain, his law practice in India and his enormous success representing wealthy Indian merchants in South Africa, where relentless attacks on Indian rights by the white colonial authorities cause him to give up his lucrative representation of private clients for public work—the representation of the besieged Indian community in South Africa. As he takes on the most powerful governmental, economic and political forces of his day, he learns two things: that unifying his professional work with his political and moral principles not only provides him with satisfaction, it also creates in him a strong, powerful voice. Using the courtrooms of South Africa as his laboratory for resistance, Gandhi learns something else so important that it will eventually have a lasting and worldwide impact: a determined people can bring repressive governments to heel by the principled use of civil disobedience. Using materials hidden away in archival vaults and brought to light for the first time, The Man before the Mahatma puts the reader inside dramatic experiences that changed Gandhi’s life forever and have never been written about—until now.

Africa and the West

Author: William H. Worger
Publisher: Greenwood Publishing Group
ISBN:
Format: PDF
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Presents a range of hard to find primary source documents from the slave trade that started in the early part of the fifteenth century to independence and the problems of the post-colonial period.

South Africa s Gold Mines the Politics of Silicosis

Author: Jock McCulloch
Publisher: Boydell & Brewer Ltd
ISBN: 1847010598
Format: PDF, ePub, Docs
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Examines the silicosis crisis in the South African mining industry, and reveals how the rate of, often fatal, tuberculosis among black migrant miners was hidden for over a century.

From Cape Town to Kabul

Author: Professor Penelope Andrews
Publisher: Ashgate Publishing, Ltd.
ISBN: 140947240X
Format: PDF, ePub
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Using her experience of living under apartheid and witnessing its downfall and the subsequent creation of new governments in South Africa, the author examines and compares gender inequality in societies undergoing political and economic transformation. By applying this process of legal transformation as a paradigm, the author applies this model to Afghanistan. These two societies serve as counterpoints through which the book engages, in a nuanced and novel way, with the many broader issues that flow from the attempts in newly democratic societies to give effect to the promise of gender equality. Developing the idea of ‘conditional interdependence’, the book suggests a new approach based on the communitarian values which underpin newly democratic societies and would allow women’s rights to gain momentum and reap greater benefits. Broad in its thematic approach, the book generates challenging and complex questions about the achievement of gender equality. It will be of interest to academics interested in gender and human rights, international and comparative law.

Law Custom and Social Order

Author: Martin Chanock
Publisher: Heinemann Educational Publishers
ISBN: 9780325000169
Format: PDF, Mobi
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This book explores the historical formation during the colonial period of that part of African law know as customary law.