Johannes Christiaan de Wet (1912–1990) was
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 countri ...
's most influential
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 Uni ...
and teacher of law.
[Zimmermann, p. 168.]
Biography
Born as a farmer's son in the
Orange Free State
The Orange Free State ( nl, Oranje Vrijstaat; af, Oranje-Vrystaat;) was an independent Boer sovereign republic under British suzerainty in Southern Africa during the second half of the 19th century, which ceased to exist after it was defeat ...
, he studied law at
, attaining doctorates there and in
Leiden
Leiden (; in English and archaic Dutch also Leyden) is a city and municipality in the province of South Holland, Netherlands. The municipality of Leiden has a population of 119,713, but the city forms one densely connected agglomeration wit ...
. After
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
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
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the ''Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
and 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 ...
at the 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 statu ...
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
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 l ...
. Inspired by European civil law, he sought instead to construct a consistent framework of terms and principles to serve as a benchmark for case law itself.[
Through his work, de Wet enhanced the status of his native ]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 gra ...
by making it a language of scientific legal discourse.[ His influence particularly on the law of ]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 tran ...
s and on 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 i ...
was immense.[ Finally, his intellectual approach, characterised by critical ]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' ...
and self-assurance, had a liberating impact in the intellectual climate of apartheid-era South Africa
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 ...
.[Zimmermann, p. 169.]
References
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Footnotes
1912 births
1990 deaths
South African jurists
{{SouthAfrica-law-bio-stub