RPR 210 Notes

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RPR 210 NOTES

Terminology
direct rule - a policy initially applied by the colonial British government where
they sought largely to assimilate the ‘natives’ under English common law
indirect rule - a policy later applied by the colonial British government
whereby ‘native’ administrations, courts and treasuries were established in the
Cape and Natal colonies in accordance with their understanding of customary
law to ensure the cooperation of traditional leaders and communities and to
relieve the financial burden on the colonial governments
terra nullius - the principle that where land has not been productively used by
the people inhabiting it, it was not owned by those people who lived on and
otherwise used the land
lex nullius - the notion of colonists that the ‘natives’ were without law
capitalism - the economic policy and system in terms of which European
countries sought to enlarge their wealth by expanding their assets and
domains to foreign lands and that was therefore one of the primary drivers of
colonialism
Enlightenment - a cultural and intellectual movement in the 1600s and 1700s
that served to support broadly acceptable social knowledge and developments
with the premises of materialism and humanism as opposed to tradition
policy of assimilation - a policy compelling people not originally subject to a
culture or law to embrace that culture or law as their own and conform to it in
their practice
Union period - the period during which the four British colonies of the Cape,
Natal, Orange River and Transvaal were unified to form the Union of South
Africa
Reverse urbanisation - a process by means of which the government sought to
compel people who had moved from rural areas to urban areas to return to
the rural areas
rule of primogeniture - a rule of succession whereby the oldest male relative
of the deceased inherited his intestate estate and women could not inherit
from their spouses
patriarchy - a social system in terms of which men hold the dominant position
and positions of authority largely to the exclusion of women
legal positivism - a jurisprudential theory of law that is based on the idea that
law can be found in tangible sources that we can verify scientifically or
logically, and rejects morality or ethics as a source of law
rule of law - the principle that the law is supreme in a legal order and that no
state action is legitimate unless provided for by validly adopted law prior to the
state taking the action

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