oa Fundamina : A Journal of Legal History - Comparing criminal law rules : a role for customary law concepts?

Volume 12 Number 1
  • ISSN : 1021-545X
  • E-ISSN: 2411-7870



Extracted from text ... COMPARING CRIMINAL LAW RULES: A ROLE FOR CUSTOMARY LAW CONCEPTS? SV Hoctor (University of KwaZulu-Natal - Pietermaritzburg) 1 Introduction The motivation for this article, apart from my own curiosity, proceeds from two primary sources. At a previous conference of the Southern African Society of Legal Historians, held in 1999, Justice Albie Sachs issued a challenge for greater recognition of the need to grant customary (or ""indigenous"") legal principles their rightful status in the broader South African legal context. This challenge echoed his words in his judgment in the landmark case of S v Makwanyane...

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