Ulpian's praecepta iuris and their role in South African law - Part 2 : Modern-day South African practice

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Authors

Kleyn, D.G. (Duard)
Van Niekerk, Gardiol J.

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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.

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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.