oa De Rebus - Marital power and ancient law
|Article Title||Marital power and ancient law|
|© Publisher:||Law Society of South Africa|
|Affiliations||1 Webber Wentzel Bowens, Johannesburg.|
|Publication Date||Oct 1999|
|Pages||41 - 43|
|Keyword(s)||Ancient law, Civil marriage, Customary marriage and Marital power|
It may seem strange to link up the recent judgment in Prior v Battle and Others 1999 (2) SA 850 (Tk)* with a book published in England in 1861 : but that book, Ancient Law, by Sir Henry Sumner Maine, Professor of Law at both Cambridge and Oxford Universities successively, enables one to place the judgment in a historical context reaching back to remote antiquity and to understand its profound significance.
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