This chapter provides an overview that attempts to place the development of Romano-Dutch law in a broader South African historical context by generously using some of the recent detailed works of scholars of South African history. The question arises as to why the legal system is almost exclusively European. It also aims to suggest that Roman-Dutch law, with its powerful tradition of legal principle, does not need to be narrowly defined or artificially protected from the enriching influence of other systems. MICHAEL H. HOEFLICH is John H. & John M. Kane Professor of Law at the University of Kansas School of Law. He is the author of numerous books, including Roman and Civil Law and the Development of Anglo-American Jurisprudence (1997), Legal Publishing in Antebellum America (2010), Sources of the History of the American Law of Lawyering (2007) and The Law in Postcards and Ephemera 1890-1962 (2012), the last two published by The Lawbook Exchange, Ltd. «Overall, the work deserves high praise, both for its ability to learn and for its literary quality.
It will prove to be a very revealing addition to the standard authorities of this legal system. –JAMES MACKINTOSH, Juridical Review 20 (1908-1909) 370. Some societies use Oxford Academic`s personal accounts to provide access to their members. See below. The law of the province of Holland was followed in the colonial empire, supplemented by local decrees of the governors of the council and in the East Indies by the laws of the governors general at Batavia on Java (present-day Jakarta, Indonesia). The ultimate legislative power in the colonies rested with the States-General. ÐÐ3/4Ð»ÑÑÐ ̧ÑÑ Ð¿ÐμÑÐ°ÑÐ1/2ÑÑ Ð²ÐμÑÑÐ ̧Ñ ÑÑÐ3/4Ð¹ ÐºÐ1/2Ð ̧Ð³Ð ̧ Our books are available by subscription or purchase for libraries and institutions. Enter your library card number to sign in. If you are unable to log in, please contact your librarian.
If your institution is not listed, or if you cannot log in to your institution`s website, please contact your librarian or administrator. Modern South African law is a mixture of Romano-Dutch and English law. Constitutional law and administrative law have developed on the English model. Procedural and evidence law is almost entirely English, as are most laws relating to trade associations and areas such as patents, trademarks, copyrights, insurance and marine operations. On the other hand, criminal law is a combination of elements from Romano-Dutch and English common law sources. In inheritance law, the rules for drafting wills are English, while the substantive law of testamentary and legal succession is largely Romano-Dutch. Personal law and property law are almost purely Romano-Dutch, and the principles of contract law and tort law are Romano-Dutch, with little influence by common law. «Roman-Dutch law in its South African historical context» As a rule, a number of IP addresses are accessible via an institutional network. This authentication is automatic and you cannot log out of an IP-authenticated account.
A personal account can be used to receive email notifications, save searches, purchase content, and activate subscriptions. In the 15th and 16th centuries, Roman law was «received» in the province of Holland (as sooner or later in the Netherlands), although general and local customs prevailed. These were ultimately based on Germanic tribal law – Frankish, Frisian, Saxon – supplemented by privileges and statutes (keuren) and were themselves affected by an earlier infiltration of Roman law. The resulting mixed system, for which Simon van Leeuwen coined the term «Romano-Dutch law» in 1652, remained in force in the Netherlands until it was replaced in 1809 by the Napoleonic Code, which in turn gave way to the Dutch Civil Code in 1838. The old law was also repealed in the Dutch colonies. The Dutch Civil Code of 1838 has since been extensively revised. However, there is a third element in the Romano-Dutch system, namely the acts of the Burgundian and Spanish periods, the most important of which were adopted in the 16th century. Although many laws were passed later in the 17th and 18th centuries, this had little effect on the general character of the legal system. Roman-Dutch law can also be studied in collections of cases and opinions (commonly called consultatien or advijsen) and in the rich legal literature of the system.
The first attempt to reduce Romano-Dutch civil law to a system was made by Hugo Grotius in his Introduction to the jurisprudence of Holland, which he wrote in prison in 1619-20 and published in 1631; This short treatise, a masterpiece of condensed exhibition, remains a classic of law. Grotius` comments followed those of Johannes Voet and Simon van Groenewegen van der Made. Towards the end of the 18th century, Dionysius Godefridus van der Keessel, a professor at Leiden, lectured on jus hodiernum («Law of Today»), a summary of which he published in Select Theses on the Laws of Holland and Zeeland. (1800). The lectures, commonly known as dictata, still circulate in manuscript copies and have been cited in judgments of South African courts. Oxford Academic is home to a variety of products. The institutional subscription may not cover the content you are trying to access. If you think you should have access to this content, please contact your librarian. Select this option to get remote access when you are away from your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution`s website and Oxford Academic.