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The indigenous rights of personality with particular reference to the Swazi in the kingdom of Swaziland

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dc.contributor.advisor Whelpton, Frances Pieter van Ravenswaay en
dc.contributor.author Anspach, Philip en
dc.date.accessioned 2009-08-25T10:57:56Z
dc.date.available 2009-08-25T10:57:56Z
dc.date.issued 2009-08-25T10:57:56Z
dc.date.submitted 2004-11-30 en
dc.identifier.uri http://hdl.handle.net/10500/1911
dc.description.abstract This study was undertaken to establish whether rights of personality are known in indigenous law. Since indigenous law differs not only between tribes but is also affected by the degree of exposure to Western values, a micro-study has been done in a semi-rural environment in the Kingdom of Swaziland to establish to what extent own value systems have been influenced or altered when Western legal concepts are utilised. The information, obtained by interviewing a panel of experts, was compared with the available literature. During the process of gathering information, the aims of the research were not only to describe how the legal principles function, but also to take note of those socio-cultural processes which function outside of the law. Rights of personality were studied against a background of the culture and way of life of the peoples concerned. The importance of culture has been acknowledged in the Constitution of the Republic of South Africa, wherein the recognition and application of indigenous law generally rests on a constitutionally protected right to culture. Whilst the identifiable rights of personality may generally be classified according to specialised legal systems, the separation of rights to good name and to dignity may be inappropriate in the indigenous sphere. Dignity in indigenous legal systems is to be viewed as a comprehensive right of personality, into which should be subsumed the right to good name and reputation in the community. It is such dignity, embracing the ubuntu quality of humanness that is protected as a comprehensive indigenous right of personality. Although the indigenous law of personality is showing some signs of adapting to new developments, there is also proof that the established legal principles and human values are being retained. However, these changes are unique and are neither typically traditional nor Western. The indigenous law of personality, operating in a changing social environment, has to retain its flexibility and adaptability in order to remain ”living” law for the peoples concerned. en
dc.format.extent 1 online resource (iv, 273 leaves)
dc.language.iso en en
dc.subject Ubuntu en
dc.subject Humanness en
dc.subject Indigenous law and culture en
dc.subject Holistic focus en
dc.subject Living law en
dc.subject Unspecialised legal systems en
dc.subject Delict and crime en
dc.subject Identifiable rights of personality en
dc.subject Body and bodily freedom en
dc.subject Good name en
dc.subject Dignity en
dc.subject Feelings en
dc.subject Privacy en
dc.subject Infringement of rights en
dc.subject Reconciliation en
dc.subject Individual en
dc.subject Communal harmony en
dc.subject The Swazi en
dc.subject Swazi law and custom en
dc.subject Ancestors en
dc.subject.ddc 342.87206887
dc.subject.lcsh Personality (Law) -- Swaziland
dc.subject.lcsh Swazi (African people) -- Legal status, laws, etc. -- Swaziland
dc.subject.lcsh Customary law -- Swaziland
dc.subject.lcsh Liability (Law) -- Swaziland
dc.subject.lcsh Human rights
dc.subject.lcsh Civil rights
dc.title The indigenous rights of personality with particular reference to the Swazi in the kingdom of Swaziland en
dc.type Thesis en
dc.contributor.email djagegjj@unisa.ac.za en
dc.description.department Jurisprudence en
dc.description.degree LL.D. en


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