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Southern CrossCivil Law and Common Law in South Africa$
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Reinhard Zimmermann and Daniel Visser

Print publication date: 1996

Print ISBN-13: 9780198260875

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198260875.001.0001

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Roman-Dutch Law in its South African Historical Context

Roman-Dutch Law in its South African Historical Context

(p.32) (p.33) 1. Roman-Dutch Law in its South African Historical Context
Southern Cross

Eduard Fagan

Oxford University Press

This chapter presents an overview which seeks to place the development of the Roman-Dutch law within a broader South African historical context, making liberal use of some of the detailed recent work of specialists in South African history. It raises the question of why the legal system is virtually exclusively European. It also seeks to suggest that Roman-Dutch law, with its powerful tradition of legal principle, need be neither narrowly defined nor artificially protected against the enriching influence of other systems.

Keywords:   South African law, Roman-Dutch law, legal system, South Africa

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