Cookies Policy
X
Cookie Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The judicial development of the Roman-Dutch doctrine of parental authority in South African law

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
MyBook is a cheap paperback edition of the original book and will be sold at uniform, low price.

Buy this article

Price:
$30.00+ Tax (if applicable)
Add to Favorites

The Roman-Dutch doctrine of parental authority differed markedly from the parallel doctrine in English common law, particularly in relation to the balance of power between parents and generally in relation to illegitimate children. This paper traces the judicial development of the Roman-Dutch doctrine by the South African courts and focuses on two important turning points, at which the unnecessary adoption of principles of English law resulted in a departure from Roman-Dutch principles. The product of this judicial development was a doctrine of parental authority that differentiated sharply between legitimate and illegitimate children, and greatly impeded the capacity of judges to apply the 'best interests' principle in disputes concerning the latter.

Loading

Article metrics loading...

/content/journals/10.1163/157181908x277590
2008-03-01
2015-03-03

Affiliations: 1: Senior lecturer in law; Oxford Brookes University, Department of Law, Headington Hill Hall, Oxford 0X3 OBP, England

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to email alerts
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Name:*
    Email:*
    Your details
    Name:*
    Email:*
    Department:*
    Why are you recommending this title?
    Select reason:
     
     
     
     
    Other:
     
    Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review — Recommend this title to your library

    Thank you

    Your recommendation has been sent to your librarian.

  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation