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Roman Dutch 2004-05

The document is an examination paper for the History of Roman and Roman Dutch Law course at the University of Zimbabwe. It includes instructions for answering questions in two sections, with Section A focusing on philosophical questions and comparisons between John Locke and F. Engels/K. Marx, while Section B presents topics related to Roman Legal Science, English influence on Roman-Dutch law, and the legal system in Southern Rhodesia and Zimbabwe. The exam requires critical analysis and understanding of various legal concepts and historical contexts.

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35 views2 pages

Roman Dutch 2004-05

The document is an examination paper for the History of Roman and Roman Dutch Law course at the University of Zimbabwe. It includes instructions for answering questions in two sections, with Section A focusing on philosophical questions and comparisons between John Locke and F. Engels/K. Marx, while Section B presents topics related to Roman Legal Science, English influence on Roman-Dutch law, and the legal system in Southern Rhodesia and Zimbabwe. The exam requires critical analysis and understanding of various legal concepts and historical contexts.

Uploaded by

effortmoyo25
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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UNIVERSITY OF ZIMBABWE

HISTORY OF ROMAN AND ROMAN DUTCH LAW LB104

NOVEMBER/DECEMBER 2004 EXAMINATION

THREE HOURS

INSTRUCTIONS

Answer Both Questions in Section A and any Two questions from Section B

All questions carry equal marks.

SECTION A (Answer both questions)

Question 1

Identify and summarise;


(a) the two main questions that divide philosophers.
(b) the four main camps of philosophers that arise from the above questions
[10 marks]

Question 2

With reference to John Locke & F. Engles/K. Marx:


(a) Compare and contrast their philosophies on
(i) origins and purpose of the state and law;
(ii) ultimate destiny of the state and law
(b) identify the underlying philosophical world outlook of their positions
[15 marks]

SECTION B (Answer any TWO Questions)

Question 2
“The establishment of formal concepts, categories and principles was the greatest
achievement of Roman Legal Science.”

Demonstrate this using the development of Roman Private Law.


[25 marks]
Question 3

“Given the extent of the nature of English influence on the Roman-Dutch law in South
Africa it is only appropriate to refer to the South African and Zimbabwean legal systems
as Anglo-Roman-Dutch Law.”

Critically examine this statement.


[25 marks]
Question 4
Explain the nature of the law, “in force in the Colony of the Cape of Good Hope on 10th
June 1891…”, and sum up scientifically the factors responsible for the adoption of this
system in the Colony of Southern Rhodesia and subsequently in the Independent State of
Zimbabwe.

[25 marks]

Question 5

Who were the Glossators and Commentators? Describe and distinguish the role played
by each of the scholars in the Reception of Roman Law in Europe.
[25 marks]

END OF QUESTION PAPER

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