SU1 Flashcards
1
Q
What is History?
A
History refers to the events that occurred in the past.
2
Q
Legal history?
A
Legal history is the study of how legal systems change over time and the events that led to the current legal position.
3
Q
What is Internal Legal History?
A
these are the developments of a specific legal rule or institution.
e.g the institution of marriages in the earliest ages until today.
4
Q
What is External Legal History?
A
these are all factors outside the law that had an influence in the legal development.
e.g Culture, Religion, Philosophy, Politics, Economics
5
Q
Legal Historical Method
A
is the study of the internal legal history in light of the external legal history.
6
Q
Dangers of a Single sided story.
A
- It gives rise to misconceptions
- It can be fundamentally flawed.
- It lacks understanding and depth.
- It is potentially discriminatory.
- It may reinforce a certain narrative.
7
Q
Sources of SA Law
A
- Roman Law
- English Law
- African customary Law
- The Constitution
- Religious legal systems
