Legality and Limitation of Powers

2019 ◽  
Keyword(s):  
South African ◽  
Current Interest ◽  
High Current ◽  
Legal Systems ◽  
Legal Research ◽  
The Past ◽  
Legal Questions ◽  
The Law ◽  
The University

This book, containing legal research on the impacts of legality and the limitation of powers in different branches of the law from a South African and German perspective, is the culmination of collaboration between the University of Augsburg and the University of Johannesburg over the past decade. Topics of high current interest are introduced by German scholars and responded to by their South African counterparts, which leads to a deeper understanding of open legal questions in both legal systems. With contributions by Martina Benecke, Michael Biesinger, Isabella Brosig, Jennifer Hölzlwimmer, Michael Kort, Maximilian Kübler-Wachendorff, Stefan Lorenzmeier, Thomas M.J. Möllers, Thilo Rensmann, Matthias Rossi, Wolfgang Wurmnest.

Legal Certainty and Fundamental Rights

2020 ◽  
Keyword(s):  
South African ◽  
Fundamental Rights ◽  
Current Interest ◽  
High Current ◽  
Legal Certainty ◽  
Legal Research ◽  
The Past ◽  
Legal Questions ◽  
The University ◽  
The Impact

This book, containing legal research on the impact of legal certainty and fundamental rights on different branches of the law from a South African and German perspective, is the culmination of a collaboration between the University of Augsburg and the University of Johannesburg over the past decade. Topics of high current interest are introduced by South African scholars and responded to by their German counterparts, leading to a deeper understanding of open legal questions in both legal systems.

scholarly journals Visit to the Faculty of Law in the University of Jos, Nigeria

2007 ◽  
Vol 7 (1) ◽  
pp. 17-19 ◽  
Author(s):  
Gerry Power
Keyword(s):  
The Internet ◽  
Legal Research ◽  
Legal Professionals ◽  
Law Faculty ◽  
The Law ◽  
The University

Gerry Power was invited to go to the University of Jos in April 2006 to present workshops to the Law Faculty and other interested legal professionals on using the internet for legal research. He writes about his experiences in dealing with running online workshops whilst coping with electricity shortages and the incredible experience of Nigeria!

scholarly journals A COMPARATIVE EXPOSITION OF THE LAW OF HUSBAND AND WIFE IN TERMS OF ISLAMIC LAW, SOUTH AFRICAN LAW AND THE LAW OF ENGLAND AND WALES ‒ PART TWO

Obiter ◽  
2021 ◽  
Vol 42 (2) ◽  
Author(s):  
Razaana Denson
Keyword(s):  
South Africa ◽  
South African ◽  
Islamic Law ◽  
Legal Systems ◽  
England And Wales ◽  
English Law ◽  
The Law ◽  
Muslim Communities ◽  
Personal Law ◽  
Legal Consequences

The article discusses and compares the dissolution of a marriage as well as the legal consequences thereof in Islamic law, South African law and English law. This is done in order to demonstrate that despite similarities, there are vast differences between the three legal systems. This impacts on how Muslim personal law (MPL) can be recognised and regulated in South Africa and in England and Wales as constitutional democracies. South Africa, England and Wales share a commitment to human rights and have adopted various approaches in respect of accommodating the application of Islamic law. Internal pluralism also exists within the Muslim communities in South Africa, England and Wales as the majority of Muslims in these countries have to varying degrees developed diverse strategies to ensure compliance with Islamic law, as well as with South African and English law. Notwithstanding the accommodation of MPL in terms of South African and English law, the differences between these legal systems have resulted in decisions that, while providing relief to the lived realities of Muslims, are in fact contrary to the teachings and principles of Islam and therefore problematic for Muslims.

6. Formalities

Contract Law ◽  
2020 ◽  
pp. 245-258
Author(s):  
Ewan McKendrick
Keyword(s):  
General Rule ◽  
Contract Law ◽  
Legal Systems ◽  
The Past ◽  
The Future ◽  
The Law ◽  
Formal Requirements ◽  
Made In

Requirements of form (such as writing) are not as important today as they were in the past. As a general rule, contracts can be made in any form and can be proved by any means, although there remain exceptional cases where the law does insist upon requirements of form. This chapter, which considers the reasons for continued reliance upon requirements of form, along with the criticisms levelled against such requirements, begins by explaining why legal systems impose formal requirements upon contracting parties. It then outlines the formal requirements in English contract law, followed by a discussion of the future of formal requirements, noting the distinction between cases where the contract must be made in writing and cases in which contracts must be evidenced in writing.

6. Formalities

Contract Law ◽  
2018 ◽  
Author(s):  
Ewan McKendrick
Keyword(s):  
General Rule ◽  
Contract Law ◽  
Legal Systems ◽  
The Past ◽  
The Future ◽  
The Law ◽  
Formal Requirements ◽  
Made In

Requirements of form (such as writing) are not as important today as they were in the past. As a general rule, contracts can be made in any form and can be proved by any means, although there remain exceptional cases where the law does insist upon requirements of form. This chapter, which considers the reasons for continued reliance upon requirements of form, along with the criticisms levelled against such requirements, begins by explaining why legal systems impose formal requirements upon contracting parties. It then outlines the formal requirements in English contract law, followed by a discussion of the future of formal requirements, noting the distinction between cases where the contract must be made in writing and cases in which contracts must be evidenced in writing.

scholarly journals A Comparative Exposition of the Law of Husband and Wife in terms of Islamic Law, South African Law and the Law of England and Wales

Obiter ◽  
2021 ◽  
Vol 41 (4) ◽  
pp. 704-750
Author(s):  
Razaana Denson
Keyword(s):  
Comparative Analysis ◽  
South African ◽  
Islamic Law ◽  
Primary Concern ◽  
Bill Of Rights ◽  
Legal Systems ◽  
Similarities And Differences ◽  
English Law ◽  
The Law ◽  
Personal Law

The primary concern of this article is a comparative analysis of marriage law in three legal systems – namely, Islamic law, South African law and English law. The similarities and differences between these legal systems are highlighted. The comparative analysis demonstrates that although there are similarities in the three legal systems, the differences outweigh the similarities. This begs the question whether Islamic law (Muslim personal law in general and family law in particular) can be recognised and accommodated and implemented in the South African and English legal systems (both constitutional democracies) without compromising the principles of Islamic law, while at the same time upholding the rights contained in the Bill of Rights. To this end, a comparative analysis is undertaken of the law of marriage that entails a discussion, inter alia, of betrothal (engagement), the legal requirements for a marriage, as well as the personal and proprietary consequences of a marriage as applicable in Islamic law, South African law and English law.

The Varieties of Legal History

2021 ◽  
Author(s):  
Michael Lobban
Keyword(s):  
United States ◽  
Economic History ◽  
Legal History ◽  
The United States ◽  
Law Schools ◽  
The Past ◽  
Legal Questions ◽  
English Law ◽  
The Law ◽  
Contextual Study

This article looks at the different approaches which have been taken in the study of legal history in England and America by both historians in law and history faculties. The pioneer English legal historian was F.W. Maitland, who felt that the skills of the lawyer were needed to understand the legal materials which were the source of much medieval social and economic history. Maitland, who had no wish to use history to explain current doctrine, inspired a generation of medieval historians to look at legal questions. The study of legal history in English law schools was in turn revolutionized by S. F. C Milsom, who felt that the key to legal history was not to apply the skills of the present lawyer to the law of the past, but to attempt to get into the minds of previous generations of lawyers. Following Milson, doctrinal legal history flourished in England. In the United States, a different tradition dominated law schools. Here, the pioneer was J. Willard Hurst, who turned attention away from narrow doctrinal history, to a broader contextual study of law, looking at the operation of law in society. The article discusses the kind of historiography which developed in America after Hurst, before turning to what discuss what role doctrinal legal history can continue to play, both to inform historical and legal debates.

Textual Incest: Nathaniel Isaacs and the Development of the Shaka Myth

1992 ◽  
Vol 19 ◽  
pp. 411-433 ◽  
Author(s):  
Dan Wylie
Keyword(s):  
Nineteenth Century ◽  
South African ◽  
Southern Africa ◽  
Early Nineteenth Century ◽  
Harold Bloom ◽  
The Past ◽  
Anxiety Of Influence ◽  
Storm Center ◽  
Verbal Construction ◽  
The University

Literary practitioners have long been, often uncomfortably, aware of the ambivalently fruitful and constraining rhetorical influences of the past. Writers successively utilize or rebel against traditional tropes, poetic conventions, and narrative norms, balancing cultural depth against individualist innovation, acceptability against rejection, public intelligibility against the opacity of private connotation. By such gestures towards the traditions, literature challenges, upholds, or leaves unquestioned the moral, political, and cultural pre-suppositions of its day.South African historiography is less aware than it might be of its textuality, in this sense, of its immersion in a similar “anxiety of influence,” as Harold Bloom has termed it. Little attention has been paid to its rhetorical lineaments and heritage or to the ways historians have read, used, and departed from one another. This is dramatically illustrated by the case of the historiography of Shaka Zulu (assassinated in 1828). Nowhere else has such poverty of evidence and research spawned such a massively unquestioned, long-lived, and monolithic “history.” Only in the last decade has the legendary, verbal construction of the Shaka figure been seriously questioned; only in 1991, at an important colloquium at the University of the Witwatersrand, was something approaching an academic consensus reached that themfecane—the notion of Shaka's Zulus as the “storm-center” of a sub-continental explosion of autophagous, black-on-black violence—was no longer a credible vehicle for understanding the early nineteenth century in southern Africa.

Fount of Deep Culture: Legacies of theJames Stuart Archivein South African Historiography

2003 ◽  
Vol 30 ◽  
pp. 87-106
Author(s):  
Benedict Carton
Keyword(s):  
Twentieth Century ◽  
South African ◽  
Cultural Change ◽  
Southern Africa ◽  
African History ◽  
Early Nineteenth Century ◽  
Historical Interpretation ◽  
The Past ◽  
Deep Culture ◽  
The University

The 2001 launch of the fifth volume of theJames Stuart Archivereinforces this publication's reputation as a mother lode of primary evidence. TheArchive'sexistence is largely due to the efforts of two editors, Colin De B. Webb and John Wright, who transformed a tangle of notes into lucid text. They deciphered the interviews that Natal colonist James Stuart conducted with a range of informants, many of them elderly isiZulu-speaking men. Transcribed by Stuart between the 1890s and 1920s, these discussions often explored in vivid detail the customs, lore, and lineages of southern Africa. Although references to theArchiveabound in revisionist histories of southern Africa, few scholars have assessed how testimonies recorded by Stuart have critically influenced such pioneering research. Fewer still have incorporated the compelling views of early twentieth-century cultural change that Stuart's informants bring to a post-apartheid understanding of South Africa's past.Well before the University of Natal Press published volume 5, the evidence presented in theArchivehad already led scholars of South African history into fertile, unmarked terrain. One example of groundbreaking data can be found in the statements of volume 4's master interpreter of Zulu power, Ndukwana kaMbengwana. His observations of the past anchor recent studies that debunk myths surrounding the early-nineteenth-century expansion of Shaka's kingdom. Ever timely, the endnotes in volume 5 discuss these reappraisals of historical interpretation and methodology. Editor John Wright elaborates in his preface: “By the time we picked up work on volume 5, we were starting to take note … that oral histories should be seen less as stories containing a more or less fixed ‘core’ of facts than as fluid narratives whose content could vary widely.”

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