Studies in African Native Law
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Julius Lewin
About this book
This book offers a firsthand examination of legal practice in colonial Africa during the first half of the twentieth century. The author evaluates the place of tribal law in the legal system of South Africa and the complex problems that arise from the conflicting laws of merging cultures.
Author / Editor information
Julius Lewin was Simon Senior Research Fellow at the University of Manchester, England.
Reviews
"This is a book to stir, bother, instruct, and somewhat dismay a lawyer. The book opens up all of jurisprudence and, as is observable, much of emotion. It is a clean job, done by a man who wants clarity in the law, who has a conscience even in advocacy, and who has the kind of essential insight into problems which fertilizes. Here is a book for lawyers, for sociologists and for ethnologists. For lawyers especially, here are familiar problems curiously illuminated in an unfamiliar setting. They wake you up to what the law is about."--Karl N. Llewellyn "A fine contribution not only to legal scholarship but to the intelligent, development of race relations."--Edmund N. Cahn
Topics
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Frontmatter
I -
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Preface
V -
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Contents
IX -
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1. The Sources of Native Law
1 -
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2. The Framework of Native Law
13 -
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3 . Two Forms of Marriage
32 -
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4. Marriage by Native Christians in British Africa
49 -
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5. The Conflict of Native Law and Common Law
57 -
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6 . The Conflict of Tribal Laws
68 -
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7. Crime in Relation to Native Policy
77 -
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8. Crime and Punishment in Africa
89 -
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9 . Native Courts and Britishh Justice in Africa
95 -
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10. The Recognition of African Native Law
103 -
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11. Some Lobolo Cases
114 -
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12. Some Cases of Inheritance
136 -
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Bibliography
172 -
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Acknowledgments
174 -
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Backmatter
175