Working the Common Law Pure: Developing the South African Law of Delict (Torts) in Light of the Spirit, Purport and Objects of the South African Constitution's Bill of Rights
Arizona Journal of International and Comparative Law
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.
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University of Arizona James E. Rogers College of Law
Roederer, Christopher J., "Working the Common Law Pure: Developing the South African Law of Delict (Torts) in Light of the Spirit, Purport and Objects of the South African Constitution's Bill of Rights" (2009). School of Law Faculty Publications. 44.
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