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

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


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.


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© 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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