Post by cjm on Feb 10, 2014 17:53:30 GMT
Although it is unlikely that someone will try and access, for example, Johannes Voet, Van Bijnkershoek, Van der Linden, Grotius and the other boys, for interest sake, a few comments.
These Dutch guys, many of whom who lived centuries ago, are still authoritative sources of South African Law. The rainbow constitution placed a few obstacles in the road, but by and large they are still with us. Sadly, as far as I can determine, few made it on line (perhaps they are available on pay sites) and even their printed works are more likely only to be found in a few archives and law libraries.
The most famous work of Grotius (regarded as a child prodigy) on International Law, can be found here.
A larger number of his works, here.
He is considered the father of International Law.
Regretfully his work on Roman Dutch Law (one of the first to be written in Dutch and not Latin), which is one of our authoritative treasures, is often not even mentioned.
As for Roman Law (which we access as a matter of authority primarily through the eyes of these very same Dutch writers), we are lucky to have at least one of the primary sources namely Justinian´s Corpus Iuris Civilis freely available on line in Latin.
A fat help for most people, but then Scott´s English translation (not always so accurate) is available on line.
Alan Watson was editor of a more recent translation of the Digest (one of the parts of the Corpus Iuris Civilis) - available from Amazon. Some comments about this translation.
As mentioned, South Africans primarily are compelled (as a matter of law) to access Roman law through the eyes of the Dutch, except for the Roman Law of slavery which was applied directly at the Cape to the imported slaves - the indigenous population (by command of the authorities) was never enslaved. The reason for the direct reception is that the Roman Law of Slavery was never received in the Netherlands - in fact, Western Europe was largely free of slavery (for the native inhabitants) at the time of reception.
These Dutch guys, many of whom who lived centuries ago, are still authoritative sources of South African Law. The rainbow constitution placed a few obstacles in the road, but by and large they are still with us. Sadly, as far as I can determine, few made it on line (perhaps they are available on pay sites) and even their printed works are more likely only to be found in a few archives and law libraries.
The most famous work of Grotius (regarded as a child prodigy) on International Law, can be found here.
A larger number of his works, here.
He is considered the father of International Law.
Regretfully his work on Roman Dutch Law (one of the first to be written in Dutch and not Latin), which is one of our authoritative treasures, is often not even mentioned.
As for Roman Law (which we access as a matter of authority primarily through the eyes of these very same Dutch writers), we are lucky to have at least one of the primary sources namely Justinian´s Corpus Iuris Civilis freely available on line in Latin.
A fat help for most people, but then Scott´s English translation (not always so accurate) is available on line.
Alan Watson was editor of a more recent translation of the Digest (one of the parts of the Corpus Iuris Civilis) - available from Amazon. Some comments about this translation.
As mentioned, South Africans primarily are compelled (as a matter of law) to access Roman law through the eyes of the Dutch, except for the Roman Law of slavery which was applied directly at the Cape to the imported slaves - the indigenous population (by command of the authorities) was never enslaved. The reason for the direct reception is that the Roman Law of Slavery was never received in the Netherlands - in fact, Western Europe was largely free of slavery (for the native inhabitants) at the time of reception.