n Stellenbosch Law Review = Stellenbosch Regstydskrif - Legal anthropology and comparative law : a disciplinary compromise?

Volume 21, Issue 1
  • ISSN : 1016-4359
  • E-ISSN: 1996-2193



This article concerns two similar legal phenomena in South Africa: the merging of African customary and common law, on the one hand, and the merging of Roman-Dutch and English law, on the other. Due to the famous of the last century, the latter interaction is already the subject of detailed study. One might therefore assume that we have something to learn about the prospects of integrating customary and common law. Despite the similarities of subject matter, however, no one has systematically compared the interaction between customary and common law (which produced a so-called "official" customary law) and Roman-Dutch and English law (which produced South African "common" law).

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