T W Bennett
Biographic Data
| ID | 1583338 |
|---|---|
| NAME | T W Bennett |
| GIVEN NAMES | T W |
| FAMILY NAME | Bennett |
| SIGNATURE | BENNETT T W |
| AFFILIATIONS | University of Cape Town |
| VERIFIED | No |
| TOTAL WORKS | 10 |
| TOTAL CITATIONS | 22 |
| AUTHOR COUNT | 10 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1980 |
| LATEST PUBLICATION YEAR | 2009 |
| H-INDEX | 2 |
The Anomalies Of Seduction
Seduction, the idea of leading someone astray to engage in illicit sexual intercourse has been a crime or delict in both customary and common law. Notwithstanding similar origins and goals, the customary and common-law actions for seduction have marked differences. The former rests on a constitutional right to culture, while the latter has no particular cultural association; the former is arguably obsolete, while the latter is still very much ali…
Re-introducing African Customary Law to the South African Legal System
A fully justiciable Bill of Rights in South Africa’s new constitution heralded fundamental change for all the laws inherited from the previous regime. African customary law was a particular target, since many of its rules are imbued with a patriarchal tradition, which is in direct conflict with the principle of gender equality. In a series of remarkable cases that ensued in the South African High Court and appeal courts, the question whether cust…
The State as Trustee of Land
This article examines the origins and development of state land trusts in South Africa, and considers the legal remedies to which the beneficiaries of such trusts may be entitled. The action taken by the Bafokeng is one of the few reported cases in which black communities have sought to challenge the disposal of their rights by the state. South African administrative law, even after the advent of the right to just administrative action in the 199…
Aboriginal Title in South Africa Revisited
Aboriginal title is a right to land that vests in an indigenous community. Although the title is liable to extinguishment, it survives colonisation without any specific act of recognition by the new sovereign. According to an earlier article on this topic (TW Bennett ‘Redistribution of Land and the Doctrine of Aboriginal Title in South Africa’ (1993) 9 SAJHR 443), the prospect of bringing a successful claim of aboriginal title in South Africa see…
The Equality Clause and Customary Law
(1994). The Equality Clause and Customary Law. South African Journal on Human Rights: Vol. 10, No. 1, pp. 122-130
Redistribution of Land and the Doctrine of Aboriginal Title in South Africa
Choice of Law Rules in Claims of Unjust Enrichment
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Conflict of Laws — The Application of Customary Law and the Common Law in Zimbabwe
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Codification of Customary Law
During the past 50 years, the study of African customary law has been enthusiastically pursued. The growing awareness of this subject has, at the same time, stimulated a critical awareness of the problem of its place in the legal system of an African state. With the attitudes of modern African nations, the place of customary law is necessarily an ambiguous one. Because the colonial governments' application of customary law and European law was de…
The Interpersonal Conflict of Laws
Since independence from colonial rule, there have been considerable changes in the legal systems of new African nations, reflecting - at least in part - the need to re-establish the position of indigenous customary law in relation to received European law. For many modern Africans, customary law has equivocal significance: all too often, this represents a traditional order, now out of keeping with contemporary social conditions and economic deman…
Codification of Customary Law
During the past 50 years, the study of African customary law has been enthusiastically pursued. The growing awareness of this subject has, at the same time, stimulated a critical awareness of the problem of its place in the legal system of an African state. With the attitudes of modern African nations, the place of customary law is necessarily an ambiguous one. Because the colonial governments' application of customary law and European law was de…
The Equality Clause and Customary Law
(1994). The Equality Clause and Customary Law. South African Journal on Human Rights: Vol. 10, No. 1, pp. 122-130
Re-introducing African Customary Law to the South African Legal System
A fully justiciable Bill of Rights in South Africa’s new constitution heralded fundamental change for all the laws inherited from the previous regime. African customary law was a particular target, since many of its rules are imbued with a patriarchal tradition, which is in direct conflict with the principle of gender equality. In a series of remarkable cases that ensued in the South African High Court and appeal courts, the question whether cust…
Redistribution of Land and the Doctrine of Aboriginal Title in South Africa
Conflict of Laws — The Application of Customary Law and the Common Law in Zimbabwe
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The State as Trustee of Land
This article examines the origins and development of state land trusts in South Africa, and considers the legal remedies to which the beneficiaries of such trusts may be entitled. The action taken by the Bafokeng is one of the few reported cases in which black communities have sought to challenge the disposal of their rights by the state. South African administrative law, even after the advent of the right to just administrative action in the 199…
Aboriginal Title in South Africa Revisited
Aboriginal title is a right to land that vests in an indigenous community. Although the title is liable to extinguishment, it survives colonisation without any specific act of recognition by the new sovereign. According to an earlier article on this topic (TW Bennett ‘Redistribution of Land and the Doctrine of Aboriginal Title in South Africa’ (1993) 9 SAJHR 443), the prospect of bringing a successful claim of aboriginal title in South Africa see…
Choice of Law Rules in Claims of Unjust Enrichment
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Interpersonal Conflict of Laws
Since independence from colonial rule, there have been considerable changes in the legal systems of new African nations, reflecting - at least in part - the need to re-establish the position of indigenous customary law in relation to received European law. For many modern Africans, customary law has equivocal significance: all too often, this represents a traditional order, now out of keeping with contemporary social conditions and economic deman…
Codification of Customary Law
During the past 50 years, the study of African customary law has been enthusiastically pursued. The growing awareness of this subject has, at the same time, stimulated a critical awareness of the problem of its place in the legal system of an African state. With the attitudes of modern African nations, the place of customary law is necessarily an ambiguous one. Because the colonial governments' application of customary law and European law was de…
The Interpersonal Conflict of Laws
Since independence from colonial rule, there have been considerable changes in the legal systems of new African nations, reflecting - at least in part - the need to re-establish the position of indigenous customary law in relation to received European law. For many modern Africans, customary law has equivocal significance: all too often, this represents a traditional order, now out of keeping with contemporary social conditions and economic deman…
Conflict of Laws — The Application of Customary Law and the Common Law in Zimbabwe
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Choice of Law Rules in Claims of Unjust Enrichment
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Redistribution of Land and the Doctrine of Aboriginal Title in South Africa
The Equality Clause and Customary Law
(1994). The Equality Clause and Customary Law. South African Journal on Human Rights: Vol. 10, No. 1, pp. 122-130
Aboriginal Title in South Africa Revisited
Aboriginal title is a right to land that vests in an indigenous community. Although the title is liable to extinguishment, it survives colonisation without any specific act of recognition by the new sovereign. According to an earlier article on this topic (TW Bennett ‘Redistribution of Land and the Doctrine of Aboriginal Title in South Africa’ (1993) 9 SAJHR 443), the prospect of bringing a successful claim of aboriginal title in South Africa see…
The State as Trustee of Land
This article examines the origins and development of state land trusts in South Africa, and considers the legal remedies to which the beneficiaries of such trusts may be entitled. The action taken by the Bafokeng is one of the few reported cases in which black communities have sought to challenge the disposal of their rights by the state. South African administrative law, even after the advent of the right to just administrative action in the 199…
The Anomalies Of Seduction
Seduction, the idea of leading someone astray to engage in illicit sexual intercourse has been a crime or delict in both customary and common law. Notwithstanding similar origins and goals, the customary and common-law actions for seduction have marked differences. The former rests on a constitutional right to culture, while the latter has no particular cultural association; the former is arguably obsolete, while the latter is still very much ali…
Re-introducing African Customary Law to the South African Legal System
A fully justiciable Bill of Rights in South Africa’s new constitution heralded fundamental change for all the laws inherited from the previous regime. African customary law was a particular target, since many of its rules are imbued with a patriarchal tradition, which is in direct conflict with the principle of gender equality. In a series of remarkable cases that ensued in the South African High Court and appeal courts, the question whether cust…
Law (9 works) · Political science (9 works) · Legal Issues in South Africa (7 works) · Law in Society and Culture (5 works) · Sociology (4 works) · Customary international law (3 works) · Land Rights and Reforms (3 works) · Law (3 works) · Common law (2 works) · Comparative and International Law Studies (2 works)