1.General Introduction

Anmerkungen:

• Rules & Principles

Anmerkungen:

• political, constitutional, sociological, economic & religious factors contributed to dev of legal system

1. *NB = sheds light on internal hist. eg. influence of cannon law explains rules/principles of law of ccontract

1. Search all sources of law:
   1. Court decisions
   2. Legislation
   3. Common law
      1. Centre around which other sources that generate law revolve
      2. In SA = Roman-Dutch law as influenced by English law
   4. Indigenous African law
   5. Customary law

Anmerkungen:

• Roman-Dutch & English Law

1. Foundation starts with foundation of Rome in 753 BC/8th Cent BC
2. 4th Cent AD Roman Empire (RE) split into East & West RE
   1. East RE traced until death of Justinian in 6th Cent AD
3. Trace Eng law to 11th cent AD
4. Common law *NB
5. common law *NB

Anmerkungen:

• Indigenous African Law

1. Earliest African history = preliterate therefore it has existed before time immemorial

Anmerkungen:

• Human rights: Fundamental Rights

1. Human-rights = Traced back to rise of natural law theory dev by Greek & Roman thinkers + early Christina church fathers from 4th Cent AD
2. Human rights law = rise of the natural-law theory dev by Greek & Roman thinkers + early Christian church fathers before 4th Cent AD

1. canon law: law of the Catholic church
2. Islamic law recently has influenced our law

1. Canon law = Catholic church
2. Islamic law
   1. Being investigated by the SA Law Reform Commission to integrate it into SA law of marriage

1. Willing adoption/absorption of rules, principles & institutions of a legal system into an existing legal system
   1. In complexu reception = reception of an entire Legal system
   2. E.g. Eng law in SA; reception of HR into SA (Bill of Rights)
   3. E.g. Reception of Roman law in WE: 4 phases
      1. 1. Pre-reception/Infiltration, 5th Cent AD = few Roman rules were chosen & randomly incorporated into Germanic Customary law - Sporadic. Started in 5th Cent when Germanic tribes adopted Roman idea of individual land ownership.
      2. 2. Intellectual "rediscovery" of Justinian's Roman law by Glossators: 12th Cent AD, Law School of Bologna, Italy
      3. 3. Early reception phase= scientific study of Roman law: 13th & 14th Cent AD
      4. 4. Reception proper = 15th & 16th Cent AD. Roman system inc into legal system of various countries as part of common law
      5. Practical reception
         1. Reception of actual rules
      6. Scientific reception
         1. Reception of the framework, concepts, categories, principles, divisions
      7. Also received in Louisiana, Quebec, Japan, Egypt & South America

1. Intro of a legal system into a territory which has no legal system

1. Impose a legal system on a territory which already has a legal system - against the will of the local inhabitants
   1. E.g. R-D law on indig law

1. Influenced by Germanic law (Holland) & Canon law

1. Considered to be more respectful to other religions

1. Used until 19th Cent; Used in this module