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- Fundamina : A Journal of Legal History
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- Volume 15, Issue 2, 2009
Fundamina : A Journal of Legal History - Volume 15, Issue 2, 2009
Volumes & issues
Volume 15, Issue 2, 2009
The role of the Vice Admiralty Court at St Helena in the abolition of the transatlantic slave trade : a preliminary investigation (part 2)Author J.P. Van NiekerkSource: Fundamina : A Journal of Legal History 15, pp 1 –56 (2009)More Less
Generally speaking, the process of the abolition of slavery practically involved three main steps and three main players: that of capture, by the Royal Navy; that of adjudication, here by the St Helena Vice-Admiralty Court; and that of the liberation, care and repatriation of any slaves involved, by a humanitarian agency. From the cases coming before the St Helena Vice-Admiralty Court, some of which will be discussed in more detail shortly, it is possible to determine various scenarios within this broad process.
Workers' right to freedom of association and trade unionism in South Africa : an historical perspectiveAuthor Mpfariseni BudeliSource: Fundamina : A Journal of Legal History 15, pp 57 –74 (2009)More Less
Workers' right to freedom of association is the fundamental labour right. In the workplace, the right to freedom of association is essentially an ''enabling'' right which entitles workers to form and join workers' organisations of their own choice in order to promote common organisational interests. For workers, freedom of association is a means of facilitating the realisation of further rights, rather than just a right in itself. It is considered the single essential right for workers from which other rights flow and without which other rights are illusory. It is therefore referred to as a ''shorthand expression for a bundle of rights and freedoms relating to membership of associations of workers and employers''.
Author Tameshnie DeaneSource: Fundamina : A Journal of Legal History 15, pp 75 –91 (2009)More Less
In both the United States of America and South Africa, issues of segregation and discrimination are not new. In these matters, both countries have a similar history as both experienced government-sanctioned racial discrimination and segregation. Both the United States of America, during the slavery era to 1865 and that of Reconstruction after 1876 following the Civil War, and South Africa, during the apartheid era, passed laws requiring or permitting the segregation of races in daily life. The de jure segregation in both countries came with ''miscegenation laws'' (prohibitions against inter-racial marriages) and laws against hiring people of a particular race in any but menial positions. Such segregation in hiring practices contributed to an economic imbalance between races.
Author Annalize JacobsSource: Fundamina : A Journal of Legal History 15, pp 92 –111 (2009)More Less
It was the third century BC in early Rome - republican Rome. The city of Rome, which looked like a village though, was by now the largest city in Italy with more or less 100 000 inhabitants. Rome had been at warfare for several centuries and was still continuing her wars. Despite Rome's continuous warfare and the rapid expansion of the territory of the Roman state, the general appearance of the city of Rome underwent little change between the end of the regal period and the third century BC (the period between 509 and 300 BC). In 386 BC the Gauls sacked Rome and nearly destroyed the city. After the destruction by the Gauls, Rome was rebuilt but still looked like a village.
Author Ulrike MubigSource: Fundamina : A Journal of Legal History 15, pp 112 –135 (2009)More Less
Author Melodie Nothling SlabbertSource: Fundamina : A Journal of Legal History 15, pp 136 –158 (2009)More Less
Und die Vergangenheit, in der ich als Rechtshistoriker ankam, war nicht weniger lebensvoll als die Gegenwart. Es ist auch nicht so, wie der Außenstehende vielleicht annehmen möchte, daß man die vergangene Lebensfülle nur beobachtet, während man an der gegenwärtigen teilnimmt. Geschichte treiben heißt Brücken zwischen Vergangenheit und Gegenwart schlagen und beide Ufer beobachten und an beiden tätig werden.
The patronus as representative in civil proceedings and his contribution towards the attainment of justice in RomeAuthor Rena Van den BerghSource: Fundamina : A Journal of Legal History 15, pp 159 –173 (2009)More Less
The law of procedure consists of the rules describing the steps to be taken in a legal dispute. Frier states that despite its many shortcomings the procedure of Roman private law contributed to the judicial system's legitimacy. He points out that lawyers usually consider civil procedure as a kind of ''conduit'' for channelling disputes toward their proper judicial resolution in a verdict. Procedure with its traditional roles and role playing (litigants, advocates, witnesses, judges etc) makes provision for ''allowable conflict'' in prescribed ways.
Author Carina Van der WesthuizenSource: Fundamina : A Journal of Legal History 15, pp 174 –192 (2009)More Less
Infanticide is the practice of intentionally killing an infant of a given species by the parents themselves or with their consent. Infanticide used to be practiced for various reasons such as the fact that a baby was born out of wedlock, for economic reasons (for example population control), for sex selection or ridding society of potentially burdensome deformed members. Silverman remarks that infanticide is the oldest method of family planning. It was a more popular method of population control than abortion - it was safer for the mother and the gender of the baby was known.
Manipulation of traditional leadership and traditional legal institutions : Zululand during the 1880sAuthor Gardiol J. Van NiekerkSource: Fundamina : A Journal of Legal History 15, pp 193 –222 (2009)More Less
On 27 April 1994, South Africa inaugurated a new constitutional democracy which embraced the freedom and equality of all sectors of the South African society. The Preamble of the Constitution of the Republic of South Africa, 1996, stated as one of its aims that it sought to ''heal divisions of the past and establish a society based on democratic values, social justice and fundamental human rights''. This goal was to be realised by, among others, section 211 which recognised the institution, status and role of traditional leadership and entrenched indigenous African law as a source of South African law alongside the common law.
The Three Books on Interest-Bearing Loans and Interest (Foenus et Usurae), Gerard Noodt, SJ van Niekerk (convenor), DM Kriel (translator), JT Pretorius(co-ordinator) and DH van Zyl (revisor) : book reviewAuthor Paul Du PlessisSource: Fundamina : A Journal of Legal History 15, pp 223 –224 (2009)More Less
Translation is a thankless task with few rewards. It is a complex and time consuming labour that requires specialist skills, patience and dedication. During the last few decades, legal scholars from one jurisdiction in particular, South Africa, have established themselves as the pre-eminent translators of sources of the European ius commune.