Decolonisation and Private Law: Decolonising the South African Law of Contract

Speaker(s):

Eshed Cohen, BCL candidate, Balliol College

Associated with:

Equality and Diversity Decolonising the Law Discussion Group
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What is decolonisation? What implications does decolonisation have for the law? What implications does decolonisation have for private law? This article explores these questions. First, it gleans a definition of decolonisation from recent and influential academic sources. Second, it considers the general implications decolonisation would have for law. Third, it examines what decolonisation would mean for private law, using the law of sale and a South African Constitutional Court judgment as a case study.