By Martin Chanock
ISBN-10: 0511014236
ISBN-13: 9780511014239
ISBN-10: 0521791561
ISBN-13: 9780521791564
Martin Chanock's definitive standpoint at the improvement of South Africa's felony process within the early 20th century examines all components of the legislation: legal legislations and criminology; the Roman-Dutch legislations; the State's African legislations; Land, Labour and "Rule of legislation" questions. His revisionist research of the South African criminal tradition illustrates the bigger methods of felony colonization, whereas the honor of the interplay among imported doctrine and legislative types with neighborhood contexts and techniques additionally offers a foundation for figuring out the refashioning of legislations below conditions of postcolonialism and globalization.
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Additional resources for The Making of South African Legal Culture 1902-1936: Fear, Favour and Prejudice
Example text
When I began the project I initially envisaged a study which would deal with three periods: the making of the state, which I conceived of as ending roughly in 1929, the end of the ®rst terms of the National Party±Labour government; the re-making of the state between 1948 and 1961 when apartheid was put in place; and the unravelling of the state in the late 1980s (Chanock 1989). That this was unachievable was soon apparent. The earlier period, however, seems to me to be crucial in that it was the time when all of the institutions, patterns and habits of South Africa's law became established.
We may think of the current processes of land law reform, for example, in terms of Krikler's remark that `the vanished generation which we thought we had left in the obscurity of the past is . . before us now, speaking to us as if from the future, demanding resolution of the questions it raised' (1993: 235). In answering the `vanished generation', and in retrieving and constructing new narratives, manifold choices will be made, and this brings me back to the notion of legal culture. One should not be trapped with a notion of `culture' which is too closely linked to social structure or to economy.
This relationship is a focus of my book, and it is one that makes the judiciary far less prominent in the story. ) The shift to a broader world of legal discourses tends to make understandings more varied and complex. Much of contextualised legal study Legal culture, state making and colonialism 25 has been based on a combination of legal realism and versions of functional, structural and materialist social science and has been focused around exploring the ways in which `society' and `economy' underlie and explain the content of legal doctrines, and on describing how law `really works' in practice.
The Making of South African Legal Culture 1902-1936: Fear, Favour and Prejudice by Martin Chanock
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