Ulpian's praecepta iuris and their role in South African law - Part 2 : Modern-day South African practice
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Date
Authors
Kleyn, D.G. (Duard)
Van Niekerk, Gardiol J.
Journal Title
Journal ISSN
Volume Title
Publisher
Southern African Society of Legal Historians
Abstract
This article investigates the role of Ulpian’s praecepta iuris in modern-day South African
law against the background of their historical development, as expounded in Part 1 of
this contribution. The South African High Court has perceived a link between the African
notion of ubuntu and the praecepta iuris. In view of the prevailing legal pluralism, the
relevance of these praecepta for African customary law is explored as well as their
intersection with the fundamental postulates of African customary law and ubuntu.
Description
Keywords
Ubuntu, African customary law, South African law, Ulpian’s praecepta iuris
Sustainable Development Goals
Citation
Kleyn, D & Van Niekerk, G 2014, 'Ulpian's praecepta iuris and their role in South African law - Part 2 : modern-day South African practice', Fundamina : a Journal of Legal History, vol. 20, no. 1, pp. 446-455.