|
Johannes Christiaan De Wet
Johannes Christiaan de Wet (1912–1990) was South Africa's most influential jurist and teacher of law.Zimmermann, p. 168. Biography Born as a farmer's son in the Orange Free State, he studied law at Stellenbosch, attaining doctorates there and in Leiden. After World War II forced him to return to South Africa in 1942, he taught law at Stellenbosch from 1942 to 1972, making his faculty one of the leading faculties of law in the country. Afterwards, he taught Roman law and comparative law at the University of Cape Town from 1976 to 1981. Academic work Among his many publications, the most notable were his seminal textbooks ''Kontraktereg en Handelsreg'' (1949, with J.P. Yeats) and ''Strafreg'' (1948, with H.L. Swanepoel), which saw several re-editions until the 1980s. With these works, de Wet abandoned the prevailing tradition of constructing legal rules from case law. Inspired by European civil law, he sought instead to construct a consistent framework of terms and principles ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; and to the east and northeast by Mozambique and Eswatini. It also completely enclaves the country Lesotho. It is the southernmost country on the mainland of the Old World, and the second-most populous country located entirely south of the equator, after Tanzania. South Africa is a biodiversity hotspot, with unique biomes, plant and animal life. With over 60 million people, the country is the world's 24th-most populous nation and covers an area of . South Africa has three capital cities, with the executive, judicial and legislative branches of government based in Pretoria, Bloemfontein, and Cape Town respectively. The largest city is Johannesburg. About 80% of the population are Black South Afri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Law (legal System)
Civil law is a legal system originating in mainland Europe and adopted in much of the world. The civil law system is intellectualized within the framework of Roman law, and with core principles codified into a referable system, which serves as the primary source of law. The civil law system is often contrasted with the common law system, which originated in medieval England. Whereas the civil law takes the form of legal codes, the law in common law systems historically came from uncodified case law that arose as a result of judicial decisions, recognising prior court decisions as legally-binding precedent. Historically, a civil law is the group of legal ideas and systems ultimately derived from the ''Corpus Juris Civilis'', but heavily overlain by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism. Conceptually, civil law proceeds from abstractions, formulates general principles, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1912 Births
Year 191 ( CXCI) was a common year starting on Friday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Apronianus and Bradua (or, less frequently, year 944 ''Ab urbe condita''). The denomination 191 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Parthia * King Vologases IV of Parthia dies after a 44-year reign, and is succeeded by his son Vologases V. China * A coalition of Chinese warlords from the east of Hangu Pass launches a punitive campaign against the warlord Dong Zhuo, who seized control of the central government in 189, and held the figurehead Emperor Xian hostage. After suffering some defeats against the coalition forces, Dong Zhuo forcefully relocates the imperial capital from Luoyang to Chang'an. Before leaving, Dong Zhuo orders his troops to loot the tombs of the H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South Africa Under Apartheid
Apartheid (, especially South African English: , ; , "aparthood") was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. Apartheid was characterised by an authoritarian political culture based on ''baasskap'' (boss-hood or boss-ship), which ensured that South Africa was dominated politically, socially, and economically by the nation's Minoritarianism, minority White South Africans, white population. According to this system of social stratification, white citizens had the highest status, followed by Indian South Africans, Indians and Coloureds, then black Africans. The economic legacy and social effects of apartheid continue to the present day. Broadly speaking, apartheid was delineated into ''petty apartheid'', which entailed the segregation of public facilities and social events, and ''grand apartheid'', which dictated housing and employment opportunities by race. The f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rationalism
In philosophy, rationalism is the epistemological view that "regards reason as the chief source and test of knowledge" or "any view appealing to reason as a source of knowledge or justification".Lacey, A.R. (1996), ''A Dictionary of Philosophy'', 1st edition, Routledge and Kegan Paul, 1976. 2nd edition, 1986. 3rd edition, Routledge, London, 1996. p. 286 More formally, rationalism is defined as a methodology or a theory "in which the criterion of truth is not sensory but intellectual and deductive".Bourke, Vernon J., "Rationalism," p. 263 in Runes (1962). In an oldJohn Locke (1690), An Essay on Human Understanding controversy, rationalism was opposed to empiricism, where the rationalists believed that reality has an intrinsically logical structure. Because of this, the rationalists argued that certain truths exist and that the intellect can directly grasp these truths. That is to say, rationalists asserted that certain rational principles exist in logic, mathematics, ethics, and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Penal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the Neo-S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Afrikaans
Afrikaans (, ) is a West Germanic language that evolved in the Dutch Cape Colony from the Dutch vernacular of Holland proper (i.e., the Hollandic dialect) used by Dutch, French, and German settlers and their enslaved people. Afrikaans gradually began to develop distinguishing characteristics during the course of the 18th century. Now spoken in South Africa, Namibia and (to a lesser extent) Botswana, Zambia, and Zimbabwe, estimates circa 2010 of the total number of Afrikaans speakers range between 15 and 23 million. Most linguists consider Afrikaans to be a partly creole language. An estimated 90 to 95% of the vocabulary is of Dutch origin with adopted words from other languages including German and the Khoisan languages of Southern Africa. Differences with Dutch include a more analytic-type morphology and grammar, and some pronunciations. There is a large degree of mutual intelligibility between the two languages, especially in written form. About 13.5% of the South ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Australia and Ne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurist
A jurist is a person with expert knowledge of law; someone who analyses and comments on law. This person is usually a specialist legal scholar, mostly (but not always) with a formal qualification in law and often a legal practitioner. In the United Kingdom the term "jurist" is mostly used for legal academics, while in the United States the term may also be applied to a judge. With reference to Roman law, a "jurist" (in English) is a jurisconsult (''iurisconsultus''). The English term ''jurist'' is to be distinguished from similar terms in other European languages, where it may be synonymous with legal professional, meaning anyone with a professional law degree that qualifies for admission to the legal profession, including such positions as judge or attorney. In Germany, Scandinavia and a number of other countries ''jurist'' denotes someone with a professional law degree, and it may be a protected title, for example in Norway. Thus the term can be applied to attorneys, judges an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
University Of Cape Town
The University of Cape Town (UCT) ( af, Universiteit van Kaapstad, xh, Yunibesithi ya yaseKapa) is a public research university in Cape Town, South Africa. Established in 1829 as the South African College, it was granted full university status in 1918, making it the oldest university in South Africa and the oldest university in Sub-Saharan Africa in continuous operation. UCT is organised in 57 departments across six faculties offering bachelor's ( NQF 7) to doctoral degrees ( NQF 10) solely in the English language. Home to 30 000 students, it encompasses six campuses in the Capetonian suburbs of Rondebosch, Hiddingh, Observatory, Mowbray, and the Waterfront. Although UCT was founded by a private act of Parliament in 1918, the Statute of the University of Cape Town (issued in 2002 in terms of the Higher Education Act) sets out its structure and roles and places the Chancellor - currently, Dr Precious Moloi Motsepe - as the ceremonial figurehead and invests real leadership ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Comparative Law
Comparative law is the study of differences and similarities between the law (legal systems) of different countries. More specifically, it involves the study of the different legal "systems" (or "families") in existence in the world, including the common law, the civil law, socialist law, Canon law, Jewish Law, Islamic law, Hindu law, and Chinese law. It includes the description and analysis of foreign legal systems, even where no explicit comparison is undertaken. The importance of comparative law has increased enormously in the present age of internationalism, economic globalization, and democratization. History The origins of modern Comparative Law can be traced back to Gottfried Wilhelm Leibniz in 1667 in his Latin-language book ''Nova Methodus Discendae Docendaeque Iurisprudentiae'' (New Methods of Studying and Teaching Jurisprudence). Chapter 7 (Presentation of Law as the Project for all Nations, Lands and Times) introduces the idea of classifying Legal Systems into several ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
.png "Click for more on -> Civil Law (legal System)")
