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Reconciling Legal Pluralism and Constitutionalism: New Trajectories for Legal Theory in the Age of Globalisation in Botswana

Conference paper
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Part of the Ius Comparatum - Global Studies in Comparative Law book series (GSCL, volume 41)

Abstract

This chapter examines developments in Botswana, which, like a few other countries in the Southern African region, is unique in that it received two entirely different and potentially conflicting legal traditions, the English common law and the Roman-Dutch law. The country has since its independence in 1966 made great strides in modernising its laws in a manner that incorporates and reflects its dual English law and Roman-Dutch legal heritage whilst also taking into account its customary law. Although Botswana is one of only two African countries that has not changed or substantially revised its independence Constitution, the other country being Mauritius, the discussion in this chapter shows that it has nevertheless adapted its laws to reflect contemporary legal developments. This is reflected not only in the country’s approach to positive law but also in the manner of legal reasoning and the renewal of its jurisprudence.

References

  1. Brownlie I (2003) Principles of international law, 6th edn. Oxford University Press, OxfordGoogle Scholar
  2. Fombad CM (2010) Mixed systems in Southern Africa: divergences and convergences. Tulane Eur Civil Law Forum 25:11–21Google Scholar
  3. Fombad CM (2013) The Botswana legal system, 2nd edn. LexisNexis, DurbanGoogle Scholar
  4. Fombad CM (2014) Gender equality in African customary law: has the male ultimogeniture rule any future in Botswana? J Modern Afr Stud 52(3):475–494CrossRefGoogle Scholar
  5. Himsworth CMG (1974) Effects of matrimonial causes legislation in Botswana. J Afr Law 18:173–179CrossRefGoogle Scholar
  6. Keorapetse D (2017) Constitutional review overdue. http://www.mmegi.bw/index.php?aid=67663&dir=2017/march/24. Accessed in Feb 2019
  7. Örürü E (2008) What is a mixed legal system: exclusion or expansion? Electronic J Comp Law 12(1):10–17Google Scholar
  8. Othlogile B (1995) A history of the higher courts of Botswana 1912-1990. Mmegi Publishing House, GaboroneGoogle Scholar
  9. Ramaphane R (2017) Parliament throws out Keorapetse’s constitution plea. http://www.weekendpost.co.bw/wp-news-details.php?nid=4097. Accessed in Nov 2017
  10. Tshosa OB (2007) The status and role of international law in the national law of Botswana. In: Fombad CM (ed) Essays on the law of Botswana. Juta & Co, Cape Town, pp 229–246Google Scholar

Copyright information

© Springer Nature Switzerland AG 2020

Authors and Affiliations

  1. 1.Institute for International and Comparative Law in Africa, Faculty of Law, University of PretoriaPretoriaSouth Africa

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