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Legacies of law剑桥大学法律法学Cambridge University Press 3-精选.doc

2020-04-18 来源:爱问旅游网
Legacies of law剑桥大学法律法学Cambridge University Press 3

outside of South Africa, received a fair amount of attention, I refer to thisliterature and my earlier discussion. It is relevant, however, that the diffusionof English legal transplants, based on the Anglican

tradition, resulted in theretrenchment of Boer practitioners. The latter were excluded from the legalprofession notably from juries on account of, among other things, theirinsuff i cient command of English. This was a signif i cant curtailment of Boerinf l uence that, in turn, further heightened the reception for Kruegers cove-nant. As Moody writes, [t]he anglicization policy instituted under LordCharles Somerset, governor at the Cape from 1814 to 1826, struck at the heartof Afrikanerdom. 100 The Anglican Church would strike again, in the nextcentury, when it appointed Desmond Tutu to be the f i rst black AnglicanArchbishop of Cape Town in 1986. It is entirely f i tting that Tutu, in manyrespects representing the Anglican tradition of law, would come to stand at thehelm of what some consider an exercise in excessive legalism the TRC. 101The Vernacular TraditionGenerally overlooked, but hardly less signif i cant for the development of SouthAfricas legal tradition than the Calvinist and Anglican traditions is the ver-nacular tradition of law, the latter being associated with the independentchurch movement that emerged in the late nineteenth century.The institution of the church came to South Africas black population byway of colonial evangelists, the so-called

Nonconformists. As John and JeanComaroff write, The evangelical movement that cut a swathe throughProtestant denominations in the late eighteenth-century and forged the greatmission societies was driven by a faith that all human beings were potentialbelievers. 102 Although it had not existed traditionally among San, Khoikoi,and Bantu-speakers, the institution of the church proved contagious in thecountryside. 103 By 1883 the whole Bible appeared in Tswana, Xhosa, Sotho,Zulu, and a New Testament in Nama. 104 This rel...

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