Die ontwikkeling van die Suid- Afrikaanse gemenereg: ’n Geskiedkundig-sosiaal-kontekstuele analitiese benadering

Abstract

In order to develop the South African common law and understand how legal processes must transpire in contemporary South Africa, a historic-social-contextual analysis is proposed. Such a critical analysis not only assists courts in understanding the development of this country’s common law as well as the external and internal influences affecting it, but also enables them to build a historic bridge between the past of a deeply divided society and a future founded on constitutional values.