By Martin Chanock
ISBN-10: 0511031564
ISBN-13: 9780511031564
The improvement of the South African criminal procedure within the early 20th century used to be an important to the institution and upkeep of the platforms which underpinned the racist nation, together with keep watch over of the inhabitants, the operating of the financial system, and the legitimization of the regime. Martin Chanock’s hugely illuminating and definitive standpoint on that improvement examines all components of the legislation: legal legislation and criminology; the Roman-Dutch legislation; the State’s African legislations; and land, labour and ‘rule of law’ questions. His revisionist research of the development of South African felony tradition illustrates the bigger approaches of felony colonization, whereas the honour of the interplay among imported doctrine and legislative versions with neighborhood contexts and techniques additionally presents a foundation for realizing the re-fashioning of legislations below situations of post-colonialism and globalization.
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Additional resources for The Making of South African Legal Culture, 1902–1936: Fear, Favour and Prejudice
Example text
The spread of constitutionalism, bills of rights, and rule of law; and of other, market-related law ± contract, corporations, intellectual property ± are a much commented-upon feature of the current post-cold-war world. If we go back a century we ®nd a similar interest and process. It took place within a different context, one of unabashed and of conscious empire building and lawgiving, but it was a period in which huge transfers of legal institutions and ways of thinking took place. But such transfers, even where there were signi®cant differences in institutional experience and intellectual resources between the imperial centre and the colonies, were not the same as transplants.
A third theme to which much attention will be paid in what is to follow concerns the position of Asians in South African law. Because Asians could not, like Africans, be relegated to a different legal regime, but had to be discriminated against within and by the ordinary law, they posed many of the most dif®cult problems to South Africa's lawyers. The experience of the campaign, in particular the ®nal phases where the government forced strikers in Natal back to work by police and military action, led Gandhi to re¯ect further on the nature of South African legality.
Legal forms, style and language need to be contextua- Legal culture, state making and colonialism 23 lised as much as legal acts. How and where in a society is law spoken about? As soon as one asks this question it is obvious that the lawyers `speaking' about law is only a small part of the discursive universe of law. Not only judges and legislatures speak about law, but so do people at large; religious organisations; the press; special interests such as trade unions and mining and industry; and, most signi®cantly for the purposes of my study, which is an account of state making, so do bureaucrats.