Document Type

Article

Publication Date

2009

Publication Source

Arizona Journal of International and Comparative Law

Abstract

Part I of this article both situates the South African legal system within a group of systems referred to as mixed jurisdictions and distinguishes it from that group by highlighting South Africa’s open, cosmopolitan tradition. Part II addresses the question of South Africa’s “relevance for us.” This section draws on the lessons of a number of approaches to comparative law and makes the case that South Africa’s law of delict is neither too unique nor too familiar for fruitful and interesting comparisons to the U.S. law of torts. It accomplishes this by explaining a number of core similarities and pointing out some key differences between the U.S. and South African approaches to torts and delict. Part III addresses the desirability of harmonizing the Constitutions of the U.S. and South Africa with the private law in these countries. This section also addresses the need in the U.S. and South Africa for what is called horizontal application (the application of constitutional rights to persons in their relations with other persons). Part IV returns to the theme of South Africa’s open tradition by detailing the mechanisms in South Africa for developing the common law in general and the law of delict in particular.

Inclusive pages

427-503

ISBN/ISSN

0743-6963

Document Version

Postprint

Comments

Document available for download is the author's accepted manuscript, provided in compliance with the publisher's policy on self-archiving. Permission documentation is on file.

Publisher

University of Arizona James E. Rogers College of Law

Volume

26

Issue

2

Peer Reviewed

yes

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