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- Fundamina : A Journal of Legal History
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- Volume 12, Issue 2, 2006
Fundamina : A Journal of Legal History - Volume 12, Issue 2, 2006
Volumes & issues
Volume 12, Issue 2, 2006
Author M.P. Ferreira-SnymanSource: Fundamina : A Journal of Legal History 12, pp 1 –28 (2006)More Less
Extracted from text ... The idea of absolute sovereignty is in many respects an outdated concept in modern international law and there are various factors contributing to its erosion. As a result of especially globalization, there is a growing trend of interdependence and co-operation between states. The sovereignty of states, therefore, continues to be limited by, for example, the internationalization and universalization of human rights.
The Timbuktu manuscripts - rediscovering a written source of African law in the era of the African renaissanceAuthor N.M.I. GoolamSource: Fundamina : A Journal of Legal History 12, pp 29 –50 (2006)More Less
Extracted from text ... Africa is the mother of civilisation itself ... we have our roots here. And until we know Africa, we can never truly know ourselves.1 1 Introduction Seen from a broader perspective, this article represents an enquiry into a source of historical knowledge, an enquiry into our knowledge of African history and an enquiry into our knowledge of African legal history. And, as Davidson states, ""for anyone who knows the beauty and value of mankind, there can be nothing more ..
Author Peter HavengaSource: Fundamina : A Journal of Legal History 12, pp 51 –70 (2006)More Less
Extracted from text ... The practice of concluding life insurance, either on one's own life or that of another, is nothing new. Life insurance contracts are concluded on a daily basis between insurers and insured. Various forms of life insurance contracts exist, some providing for payment on death whereas others provide for payment if a person lives until a certain date. In this article, I shall focus on the first type, which is usually referred to as a whole-life insurance contract.
Legal tradition and the transformation of orthodox contract theory : the movement from formalism to realismAuthor L. HawthorneSource: Fundamina : A Journal of Legal History 12, pp 71 –86 (2006)More Less
Extracted from text ... The first decennium of the new constitutional dispensation introduced transformation in most aspects of South African society, not least on the legal front. This comes as no surprise as political changes by necessity influence both the nature and emphasis of legal systems.
Author Marie McGregorSource: Fundamina : A Journal of Legal History 12, pp 87 –99 (2006)More Less
Extracted from text ... South Africa's past reveals a history of colonialism, slavery, patriarchy and apartheid.1 These led to racist and sexist practices and to laws resulting in systemic, structural discrimination and inequality for a black majority, other non-white minorities and women in the country.2 Although discrimination on the grounds of sex in South Africa has not been as visible and widely condemned as discrimination on the basis of race, it has nevertheless resulted in patterns of significant disadvantage.3 This article looks into some 350 years of inequality ..
Falling on stony ground : importing the penal practices of Europe into the prisons of colonial Natal (part 1)Author Stephen PeteSource: Fundamina : A Journal of Legal History 12, pp 100 –112 (2006)More Less
Extracted from text ... In Western societies, penal reform emerged at the heart of a large social consensus - in response to the convulsive passage of European economies to industrial capitalism - seeking to resolve the most dangerous social aspects of this economic disruption to the benefit of the dominant classes. In the colonies, by contrast, economic profit depended upon political despotism and the enduring antagonism between different segments of colonial society.
Author Rena Van den BerghSource: Fundamina : A Journal of Legal History 12, pp 113 –136 (2006)More Less
Extracted from text ... The senatus consultum Velleianum (hereafter SCV) was probably enacted in AD 46.1 This decree determined that women should not intercede on behalf of anyone, 2 and effect was given to it by the exceptio senatus consulti Velleiani.3 Some years earlier, Augustus and Claudius had issued edicts in terms of which wives were forbidden to intercede for their husbands.4 The same emperors had, however, also weakened the institution of tutela mulierum by the ius liberorum (Augustus) and the abolition of the tutor legitimus (Claudius).
Author Gardiol J. Van NiekerkSource: Fundamina : A Journal of Legal History 12, pp 148 –173 (2006)More Less
Extracted from text ... Legal literature abounds on ancient as well as modern African law of persons, family and succession. While there are some works on the traditional or ancient African law of contract there is a distinct paucity of material on specific contracts, such as those relating to security. The aim with this article is to provide an exploratory investigation into this aspect of ancient African law.
Author M.M. Wethmar-LemmerSource: Fundamina : A Journal of Legal History 12, pp 174 –184 (2006)More Less
Extracted from text ... In pre-classical Roman law, when adult Roman women either fell under the manus of their husbands or under strict tutela mulierum, their commercial participation was very limited. However, this position changed radically in classical and post-classical Roman law as the marriage cum manu was replaced by free marriage and the tutela mulierum became an institution of mere form, without any notable content. However, many classicists and feminist scholars have an overly negative perception of the legal position of Roman women.
Source: Fundamina : A Journal of Legal History 12 (2006)More Less
Extracted from text ... On behalf of the Editorial Board of Fundamina and the Southern African Society of Legal Historians we are pleased to announce that the Orde van Oranje-Nassau, ""Officier"", was awarded to Margaret Hewett by Queen Beatrix of the Netherlands. This is a civilian order and the ranking of ""Officier"" is the highest an academic can receive. It was awarded not only for Jacobus Voorda's Tractatus de Ius Hodiernum, but for ""outstanding services to the Dutch state"", and thus recognizes some of her other works.
Author Andrew DomanskiSource: Fundamina : A Journal of Legal History 12, pp 186 –193 (2006)More Less