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Developmental analysis of the South African legal system

Towards responsive law

Bibliographic Data

ID20455035
AuthorsElsa F van Huyssteen (University of the Western Cape, corresponding author)
Year1995
Volume26
Issue2
Pages54-61
Publication date1995-05-01
Open AccessNo
TypeARTICLE
VenueSouth African Journal of Sociology (JOURNAL)
Journal identifiersISSN: 0258-0144 • E-ISSN: 1999-9135
PublisherInforma UK Limited (PUBLISHER • GB)
DOI10.1080/02580144.1995.10432923
OpenAlexW1975263317
LanguageEN
Citations received1
References cited4

The South African legal system will play a prominent role in the development of a democratic society and a sociological interpretation of this role is essential. The focus here is therefore the construction of such an interpretation in terms of a developmental model of law and society. The concept of development is controversial, but it is assumed that it is important, in the context of the rapidly changing South African society, to have an appreciation of directionality and growth when analysing the relationship between law and society. Nonet and Selznick's developmental model of law in society can therefore fruitfully be applied to an analysis of the South African legal system. It is argued that the South African legal system exhibits characteristics of all three phases of Nonet and Selznick's model, namely, repressive law, autonomous law and responsive law, and that its mixed character is an indication of the impact which the process of the transformation of the South African society has had on the legal system. It is finally argued that, to play a constructive role in this process of transformation and the construction of a democratic society, the South African legal system must develop into a responsive legal system and so become a more effective instrument of social change

Constructive · Democracy · Geography · Legal realism · Legal research · Political science · Politics · Sociology · Comparative and International Law Studies · Judicial and Constitutional Studies · Law · Legal Issues in South Africa

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Citations per year0.25
Citation span2022 - 2022 (1)
Highly citedNo

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