The influence of Roman law on the practice of slavery at the Cape of Good Hope (1652-1834).
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Date
2007
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Classical Association of South Africa.
Abstract
This article investigates the extent to which Roman Law and received ideas about
Roman slavery actually did form the basis on which slavery was practised and administered
in the Cape of Good Hope between 1652 and 1834. Cape slavery was
governed by plakaaten issued in Batavia as well as in Cape Town, but, particularly in
capital cases, recourse was had directly to Roman Law and to the Roman-Dutch
writers such as Simon van Leeuwen, Joost de Damhouder, Ulrich Huber, Andreas
Gail and others. These writers frequently cite actual Roman laws, especially when
considering the appropriate punishment. At this stage of our knowledge of how
Roman Law was used in these cases, it is not possible to say whether its effect was
ameliorative or pejorative, but there is little doubt that it was used both by owners
and slaves, prosecution and defence, from the beginning until the end of this period.
Description
Keywords
Slavery--Law and legislation--South Africa--Cape Town--History., Justice, Administration of--South Africa--Cape Town--History., Roman law--Influence., Slavery (Roman law), Law--South Africa--Cape Town--History.
Citation
Hilton, J.L. 2007. The influence of Roman law on the practice of slavery at the Cape of Good Hope (1652-1834). Acta Classica 50 pp. 1-14.