oa Fundamina : A Journal of Legal History - The legal response to cardsharps and other gambling cheats

Volume 17, Issue 2
  • ISSN : 1021-545X
  • E-ISSN: 2411-7870



This article discusses the Roman-Dutch laws pertaining to gambling with specific reference to the provisions dealing with cheating during play. Both the criminal aspects and the legal rules relating to the unenforceability of gambling debts in the Roman-Dutch period, and the possible exception thereto in instances of cheating, are discussed and compared with pre-Union South African legislation as well as pre- and post-Constitutional statutes. A comparison is drawn with the legislation in England / the United Kingdom during the corresponding period. The document is illustrated with mainly European paintings depicting cardsharps and persons cheating at gambling.

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