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- Volume 2005, Issue 11, 2005
Fundamina : A Journal of Legal History - Volume 2005, Issue 11, 2005
Volumes & issues
Volume 2005, Issue 11, 2005
Author Ph J. ThomasSource: Fundamina : A Journal of Legal History 2005 (2005)More Less
Extracted from text ...IN MEMORIAM: PETER BIRKS 1941-2004 Ph J Thomas (University of Pretoria) Peter Birks, the Regius Professor of Civil Law at the University of Oxford and Fellow of All Souls College, was a versatile jurist. Amongst the many positions he held was membership of the editorial board of Fundamina, while his passion for legal education fueled his commitment to the Society of Public Teachers of Law, which culminated in his presidency of the Society of Legal Scholars (as the Society is now known). Described as an intellectual giant of his generation, Peter Birks will be remembered for his profound and ..
Author Tameshnie DeaneSource: Fundamina : A Journal of Legal History 2005, pp 2 –11 (2005)More Less
Extracted from text ...UNDERSTANDING THE NEED FOR ANTI-DISCRIMINATION LEGISLATION IN SOUTH AFRICA Tameshnie Deane (University of South Africa) 1 Background To understand a country's present situation there is a need to look at that country's past, since much of what has happened in the past forms the basis for action taken in the present. South Africa was a country that was ruled under a political system called apartheid. Apartheid was based on the policy of the segregation of races through legislation. Racial discrimination was one of the defining features of apartheid in South Africa and was entrenched in a range of ..
Author S.F. Du ToitSource: Fundamina : A Journal of Legal History 2005, pp 12 –25 (2005)More Less
Extracted from text ... THE EVOLUTION OF THE BILL OF LADING SF du Toit (University of Johannesburg) 1 Introduction1 While it may seem a bit unwarranted to devote an article to the history of the bill of lading during an age where the emphasis must surely fall on its demateialisation and the replacement of it by electronic means, there are nevertheless some lessons to be learnt from a study of the bill of lading's origins. The functions of the bill of lading were gradually created by the practical needs and technical developments of a certain time, and to study these functions, it is ..
Author Graham GloverSource: Fundamina : A Journal of Legal History 2005, pp 26 –49 (2005)More Less
Extracted from text ...DURESS IN THE ROMAN-DUTCH LAW OF OBLIGATIONS Graham Glover (Rhodes University) 1 Introduction The institutional writers and practitioners of 16th, 17th and 18th century Roman- Dutch law looked to the Roman law of obligations to form the foundation upon which they erected their structure of private law. During the course of the reception, the idea was that Roman law was supposed to be referred to and applied only where the indigenous law did not already cater for a legal problem. As Van Leeuwen stated: In practice a rule has been introduced that whenever indigenous customs or statutes are ..
Back to the future : teaching legal history and Roman law to a demographically diverse and educationally under-prepared student bodyAuthor Caroline M.A. NicholsonSource: Fundamina : A Journal of Legal History 2005, pp 50 –62 (2005)More Less
Extracted from text ...BACK TO THE FUTURE: TEACHING LEGAL HISTORY AND ROMAN LAW TO A DEMOGRAPHICALLY DIVERSE AND EDUCATIONALLY UNDER-PREPARED STUDENT BODY Caroline MA Nicholson (University of Pretoria) South African tertiary education is faced with the difficulties associated with teaching a student body characterized by cultural and economic diversity which could potentially alienate students from, inter alia, their study material, teacher and educational institution. The challenges posed by cultural diversity are exacerbated by the fact that sections of the student body come from an educationally disadvantaged background. Such students are often underprepared for tertiary education.1 Education will not be truly accessible to ..
Skuldverligtingsmaatre ls vir individue in die Suid-Afrikaanse insolvensiereg : 'n historiese ondersoek (deel II)Author Melanie RoestoffSource: Fundamina : A Journal of Legal History 2005, pp 78 –111 (2005)More Less
Extracted from text ...SKULDVERLIGTINGSMAATRE?LS VIR INDIVIDUE IN DIE SUID-AFRIKAANSE INSOLVENSIEREG: 'N HISTORIESE ONDERSOEK (DEEL II) Melanie Roestoff (Universiteit van Pretoria) 3 Romeins-Hollandse reg 3 1 Insolvensieprosedures van die Romeins-Hollandse reg 3 1 1 Algemeen Voor kodifikasie van die Nederlandse reg vroeg in die negentiende eeu, was daar geen eenvormige insolvensiewetgewing in Nederland nie.146 Die vernaamste beginsels van die Romeins-Hollandse insolvensieprosedures is aan die Romeinse reg ontleen.147 Die prosedure van cessio bonorum is gedurende die vyftiende of sestiende eeu in Holland ingevoer.148 Dit blyk ook dat die prosedure van missio in possessionem later in een of ander vorm in Holland toegepas is.149 Van ..
Criminal justice at the Cape of Good Hope in the seventeenth century : narratives of infanticide and suicideAuthor Gardiol Van NiekerkSource: Fundamina : A Journal of Legal History 2005, pp 135 –154 (2005)More Less
Extracted from text ... CRIMINAL JUSTICE AT THE CAPE OF GOOD HOPE IN THE SEVENTEENTH CENTURY: NARRATIVES OF INFANTICIDE AND SUICIDE Gardiol van Niekerk (University of South Africa) 1 Introduction The encounters of women with the law at the Cape of Good Hope in the seventeenth century were often a result of conduct instigated by desperation. Theirs are stories of, among others, suicide, infanticide, prostitution, theft and neglect of their children. The underlying reason for these acts of desperation was the fact that women were narrowly stereotyped as chattels, whether they were slaves, freed or free women.1 Unlike males and unlike white females, ..
The first British occupation of the Cape of Good Hope and two prize cases on joint capture in the High Court of AdmiraltyAuthor J.P. Van NiekerkSource: Fundamina : A Journal of Legal History 2005, pp 155 –182 (2005)More Less
Extracted from text ... THE FIRST BRITISH OCCUPATION OF THE CAPE OF GOOD HOPE AND TWO PRIZE CASES ON JOINT CAPTURE IN THE HIGH COURT OF ADMIRALTY JP van Niekerk (University of South Africa) 1 Introduction The First British Occupation of the Cape of Good Hope in 1795, and in particular the battles of Muizenberg, in August and September 1795, and Saldanha Bay, in September 1796, have been well documented by historians, including naval and military historians.1 Less well known, it seems, is that both naval battles gave rise to several legal battles in the High Court of Admiralty in London. Two of ..