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The history of the Cape supreme court and its role in the development of judicial precedent for the period 1827-1910
Hahlo and Kahn have aptly described South African Law as a 'three-layered cake'. This dissertation is not so much concerned with the ingredients of the cake, but with the Cape Supreme Court which was used to 'bake' the third layer, and the judges who were employed to supervise the task. However, in...
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| Format: | Thesis |
| Language: | English English |
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Centre for Law and Society
2026
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| _version_ | 1867613270646456320 |
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| access_status_str | Open Access |
| author | Fine, Hilton Basil |
| author_browse | Fine, Hilton Basil |
| author_facet | Fine, Hilton Basil |
| author_sort | Fine, Hilton Basil |
| collection | Thesis |
| description | Hahlo and Kahn have aptly described South African Law as a 'three-layered cake'. This dissertation is not so much concerned with the ingredients of the cake, but with the Cape Supreme Court which was used to 'bake' the third layer, and the judges who were employed to supervise the task. However, in order to wet the appetites of the legal gourmets, an attempt has been made to analyse the ingredient of judicial precedent, and to serve it up in the form of 'icing'. A survey of the traditional source materials utilized by lawyers, revealed a paucity of publications on the history of the Cape Supreme Court and on the early stages in the development of judicial precedent. It was therefore necessary to utilize archival material, government publications and unpublished theses. In approaching the subject, Hahlo and Kahn's concise survey proved to be an ideal starting point for conducting the investigation. Buttressed with Walker's biography of Lord de Villier's, 3 it was possible to obtain an overall picture of the developments which occurred during the period under consideration. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/42866 |
| institution | University of Cape Town (South Africa) |
| language | English eng |
| last_indexed | 2026-06-10T12:33:28.738Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2026 |
| publishDateRange | 2026 |
| publishDateSort | 2026 |
| publisher | Centre for Law and Society |
| publisherStr | Centre for Law and Society |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/42866 The history of the Cape supreme court and its role in the development of judicial precedent for the period 1827-1910 Fine, Hilton Basil Cape supreme court Judicial precedent 1827-1910 Hahlo and Kahn have aptly described South African Law as a 'three-layered cake'. This dissertation is not so much concerned with the ingredients of the cake, but with the Cape Supreme Court which was used to 'bake' the third layer, and the judges who were employed to supervise the task. However, in order to wet the appetites of the legal gourmets, an attempt has been made to analyse the ingredient of judicial precedent, and to serve it up in the form of 'icing'. A survey of the traditional source materials utilized by lawyers, revealed a paucity of publications on the history of the Cape Supreme Court and on the early stages in the development of judicial precedent. It was therefore necessary to utilize archival material, government publications and unpublished theses. In approaching the subject, Hahlo and Kahn's concise survey proved to be an ideal starting point for conducting the investigation. Buttressed with Walker's biography of Lord de Villier's, 3 it was possible to obtain an overall picture of the developments which occurred during the period under consideration. 2026-02-19T10:51:58Z 2026-02-19T10:51:58Z 1986 2026-02-19T10:47:04Z Thesis / Dissertation Masters Masters http://hdl.handle.net/11427/42866 en eng application/pdf Centre for Law and Society Faculty of Law University of Cape Town |
| spellingShingle | Cape supreme court Judicial precedent 1827-1910 Fine, Hilton Basil The history of the Cape supreme court and its role in the development of judicial precedent for the period 1827-1910 |
| thesis_degree_str | Master's |
| title | The history of the Cape supreme court and its role in the development of judicial precedent for the period 1827-1910 |
| title_full | The history of the Cape supreme court and its role in the development of judicial precedent for the period 1827-1910 |
| title_fullStr | The history of the Cape supreme court and its role in the development of judicial precedent for the period 1827-1910 |
| title_full_unstemmed | The history of the Cape supreme court and its role in the development of judicial precedent for the period 1827-1910 |
| title_short | The history of the Cape supreme court and its role in the development of judicial precedent for the period 1827-1910 |
| title_sort | history of the cape supreme court and its role in the development of judicial precedent for the period 1827 1910 |
| topic | Cape supreme court Judicial precedent 1827-1910 |
| url | http://hdl.handle.net/11427/42866 |
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