The Making of South African Legal Culture 1902-1936: Fear, Favour and Prejudice

Description

The development of the South African legal system in the early twentieth century was crucial to the establishment and maintenance of the systems which underpinned the racist state, including control of the population, the running of the economy, and the legitimization of the regime. Martin Chanock's highly illuminating and definitive perspective on that development examines all areas of the law: criminal law and criminology; the Roman-Dutch law; the State's African law; Land, Labour and 'Rule of Law' questions. His revisionist analysis of the construction of South African legal culture illustrates the larger processes of legal colonization, while the consideration of the interaction between imported doctrine and legislative models with local contexts and approaches also provides a basis for understanding the re-fashioning of law under circumstances of post-colonialism and globalization.

Martin Chanock is Professor of Law and Legal Studies at La Trobe University, Melbourne, Australia. His publications include Law, Custom and Social Order. The Colonial Experience in Malawi and Zambia (1985), and Unconsummated Union Britain, Rhodesia and South Africa 1900-1945 (1977).

'This major volume is not only a powerful and sophisticated revisionist account of South Africa's legal culture and the construction of the Union's legal framework in the context of the late nineteenth-century and early twentieth-century extension of colonial rule and rapid industrialization; it is also an outstanding account of the centrality of the law in the making of the segregationist state between 1902 and 1936.' The Journal of Imperial and Commonwealth History 'This imposing study is the culmination of more than a decade of scholarly publication on South African legal history by Martin Chanock, but readers will also fine here a reappraisal of themes that he addressed in his first book 25 years ago: the early Union state's weakness and its circumspect emergence from British imperial supervision and example. but whereas the earlier volume considered the Union externally from the perspective of Britain's plans for central and southern Africa, this book examines South African state formation from within ... [an] extraordinarily ambitious book.' African Affairs