Customary Law Class Notes Topic 1 Key Concepts And Assumptions Informing The Customary Law

Customary Law Pdf Knowledge Precedent The concept locates this law and collects its origins to a subject people over whom it prevails and this is because almost all law is derived from custom, so for indigenous law to be called customary law to set it apart from other laws is a mischaracterisation. In particular, this section will outline the scope of the course, emphasising the course objectives and what students should get out of the course. in addition, this section of the course is important for laying the conceptual foundations of the course.

Customary Law Notes Topic 5 7 Customary Law Notes Topic 5 7 Topic 5 Customary Marriages The document discusses key concepts around indigenous law in south africa, including recognition, application, and the difference between official and living indigenous law. Topic 1 key concepts and assumptions informing the customary law debate. what is the name? “customary law vs indigenous law” the point of contextualizing customary law will be referred to as indigenous law to move it away from its historical mischaracterization. Introduction prior to colonisation, the area now known as south africa was a place where communities who lived here established societies here did so according to their own law or rules. when the apartheid era drew to a close, customary law was then incorporated into the interim constitution. Professor rautenbach states that legal pluralism looks at indigenous law, common law, statutory law, and the constitution as laws that come into play when we engage with indigenous law.

Customary Law 3 Introduction prior to colonisation, the area now known as south africa was a place where communities who lived here established societies here did so according to their own law or rules. when the apartheid era drew to a close, customary law was then incorporated into the interim constitution. Professor rautenbach states that legal pluralism looks at indigenous law, common law, statutory law, and the constitution as laws that come into play when we engage with indigenous law. Section 211 of the constitution of the republic of south africa, 1996 gives clear and unambiguous recognition to customary law. this section reads as follows: (1) the institution, status and role of traditional leadership, according to customary law, are recognised, subject to the constitution. This is only because almost all laws arise from customs. thus, for indigenous law to be called customary law as a way to set it apart from other laws and highlights why indigenous law is preferred as its name. Thus, for indigenous law to be called customary law as a way to set it apart from other laws and highlights why indigenous law is preferred as its name. there will be times where we refer to indigenous law as customary law and this is because it is still referred to as such in other legal writings. From this, it is imperative to regard customary law as an integral and independent part of our law – only subject to the constitution, and not subject to common law.