HFL1501 — Part 1 Study Guide Index
"The origins of South African law (pp. 1–66)"
01
Navigation
| Note | Topic | Pages |
|---|
| P1-LU1 Setting the Scene | External/internal history, legal pluralism, reception | 2–10 |
| P1-LU2 African Component & Islamic Law | Indigenous law, oral tradition, colonialism, ubuntu, Islamic law | 11–19 |
| P1-LU3 Roman Legal History | Roman law, Twelve Tables, praetor, Corpus Iuris Civilis | 20–29 |
| P1-LU4 Legal Development in Europe | Medieval law schools, canon law, ius commune, Roman-Dutch law | 30–40 |
| P1-LU5 Western Component in South Africa | Jan van Riebeeck, British occupation, Charters of Justice | 41–47 |
| P1-LU6 Liberation Movement | Apartheid laws, ANC, Freedom Charter, constitutionalism | 48–57 |
| P1-LU7 Human Rights in South Africa | Constitutionalism, Bill of Rights, ubuntu, S v Makwanyane | 58–66 |
02
Key Themes Across All Units
- - South African law has three components: African (indigenous), Western (Roman-Dutch + English), Universal (human rights)
- - South Africa has an uncodified, hybrid legal system — legal pluralism prevails
- - Reception = how one legal system absorbs another (practical or scientific)
- - The Constitution is supreme law — every component of SA law must align with it
- - Ubuntu underpins African customary law and increasingly influences the common law
- - Legal history explains why rules are as they are — essential for meaningful law reform
03
Self-Assessment Checklist
- - [ ] Can you distinguish external from internal legal history with examples?
- - [ ] Can you name and explain the three components of South African law?
- - [ ] Can you distinguish reception, imposition and transplantation?
- - [ ] Can you explain the significance of the Twelve Tables and Corpus Iuris Civilis?
- - [ ] Can you trace how Roman-Dutch law arrived at the Cape?
- - [ ] Can you explain how the liberation movement contributed to constitutional democracy?
- - [ ] Can you discuss the origins of constitutionalism and the Bill of Rights?