INTRODUCTION TO LAW LEARNING UNITS 1 TO 6
LEARNING UNIT 1
Alright, so Unit 1 is all about answering the question: What is "law"?. Think of it as the
starting point for understanding everything else about law.
The unit starts by showing you two typical South African families, the Mothibes and the Van
der Merwes, and how law is connected to their everyday lives. Things like Thomas cycling to
school, losing his school fees, Tom promising his neighbour a lift, and even employing a
domestic worker and gardener – all of these have something to do with the law. This is to
show you that law isn't just something that happens in courtrooms; it's actually
relevant to what you do every single day.
The unit then explains that some of the "laws" we talk about are actually norms, which are
like standards or rules that tell us how we should behave and interact with each other. These
are different from things like the "laws" of physics, which just describe how the natural world
works. These "norms" or rules create what's called a "normative system".
There are different types of these normative systems:
● The law itself: These are the official rules made by the government that everyone in
society should obey. If you break the law, like ignoring a red traffic light, you can be
prosecuted and punished. The state has organisations like the police and courts to
enforce these laws.
● Religion: This is another set of rules based on your religious beliefs. If you don't
follow these, the "punishment" might be disapproval from other members of your
religion. For some people, religion is a very personal thing.
● Individual morality (your personal ethics): These are the standards of behaviour
you set for yourself. If you go against your own morals, you might feel guilty or bad
about it. Other people might disapprove of your actions too.
● Community mores: These are the customs or ways of behaving that are generally
accepted by your community. For example, in some cultures, there are certain ways
you're expected to greet elders. If you don't follow these social norms, you might face
disapproval from the community.
So, what makes "the law" special compared to these other rules? The unit points out a few
key things:
● The law governs human behaviour/conduct. It sets out how we are expected to
act.
● All of society should obey the law. It's not just for some people; it applies to
everyone.
● State organs enforce the law. The government has specific institutions (like the
police and courts) to make sure people follow the law.
, ● If you ignore or disobey the law, you can be prosecuted and punished, like
getting a fine or even going to jail. You might also be ordered to pay compensation if
you've harmed someone.
The unit also briefly touches on how we can divide South African law into two main ways:
● Public law deals with the relationship between the state (like the government) and its
citizens. Think of things like criminal law or how the government is supposed to work.
● Private law deals with the relationships between individuals. This could be things like
contracts you make with people, or if someone damages your property.
● Formal law (also called procedural law) is about the process of how the law is
applied in court. So, if someone goes to court for speeding, the formal law will be the
rules about how the court case is run.
● Substantive law is the actual content of the legal rules. The law that says you can't
speed is part of substantive law.
Finally, the unit starts to think about justice. It asks if a legal rule is always fair just because
it's the law. It introduces the idea that sometimes strictly following the law might lead to unfair
outcomes. For now, it says we can think of justice as "equality before the law". It also
mentions formal justice (making sure the legal process is followed correctly) and
substantive justice (making sure the content of the law is fair).
Basically, Unit 1 gives you an overview of what law is all about in our daily lives, the different
kinds of rules that guide our behaviour, the key characteristics of law, and some initial ideas
about justice. It's the foundation for understanding all the more specific stuff you'll learn in
the rest of the module.
LEARNING UNIT 2
Alright, so after figuring out "What is law?" in Unit 1, Unit 2 dives into the idea of "rights"
and how they connect to the law. Think of it like this: the law sets the rules, and your rights
are like the things the law says you're allowed to have or do, and that others have a duty to
respect.
The unit starts with a scenario about the Mothibe family going to town. Bongiwe buying
shoes and Thomas enrolling in a French course are used as everyday examples where
rights come into play. The unit explains that while we looked at law as a system of rules in
Unit 1, we can also think of it as a system of rights.
So, what exactly is a right? According to the study guide, the law sets standards (norms)
for how people in a community should interact. When we talk about rights, we're talking
about something that the law says is due or belongs to a person. It's like something that has
value to you. This value could be because it costs money, it's hard to get, or it's just
important to you personally, like your good name.
LEARNING UNIT 1
Alright, so Unit 1 is all about answering the question: What is "law"?. Think of it as the
starting point for understanding everything else about law.
The unit starts by showing you two typical South African families, the Mothibes and the Van
der Merwes, and how law is connected to their everyday lives. Things like Thomas cycling to
school, losing his school fees, Tom promising his neighbour a lift, and even employing a
domestic worker and gardener – all of these have something to do with the law. This is to
show you that law isn't just something that happens in courtrooms; it's actually
relevant to what you do every single day.
The unit then explains that some of the "laws" we talk about are actually norms, which are
like standards or rules that tell us how we should behave and interact with each other. These
are different from things like the "laws" of physics, which just describe how the natural world
works. These "norms" or rules create what's called a "normative system".
There are different types of these normative systems:
● The law itself: These are the official rules made by the government that everyone in
society should obey. If you break the law, like ignoring a red traffic light, you can be
prosecuted and punished. The state has organisations like the police and courts to
enforce these laws.
● Religion: This is another set of rules based on your religious beliefs. If you don't
follow these, the "punishment" might be disapproval from other members of your
religion. For some people, religion is a very personal thing.
● Individual morality (your personal ethics): These are the standards of behaviour
you set for yourself. If you go against your own morals, you might feel guilty or bad
about it. Other people might disapprove of your actions too.
● Community mores: These are the customs or ways of behaving that are generally
accepted by your community. For example, in some cultures, there are certain ways
you're expected to greet elders. If you don't follow these social norms, you might face
disapproval from the community.
So, what makes "the law" special compared to these other rules? The unit points out a few
key things:
● The law governs human behaviour/conduct. It sets out how we are expected to
act.
● All of society should obey the law. It's not just for some people; it applies to
everyone.
● State organs enforce the law. The government has specific institutions (like the
police and courts) to make sure people follow the law.
, ● If you ignore or disobey the law, you can be prosecuted and punished, like
getting a fine or even going to jail. You might also be ordered to pay compensation if
you've harmed someone.
The unit also briefly touches on how we can divide South African law into two main ways:
● Public law deals with the relationship between the state (like the government) and its
citizens. Think of things like criminal law or how the government is supposed to work.
● Private law deals with the relationships between individuals. This could be things like
contracts you make with people, or if someone damages your property.
● Formal law (also called procedural law) is about the process of how the law is
applied in court. So, if someone goes to court for speeding, the formal law will be the
rules about how the court case is run.
● Substantive law is the actual content of the legal rules. The law that says you can't
speed is part of substantive law.
Finally, the unit starts to think about justice. It asks if a legal rule is always fair just because
it's the law. It introduces the idea that sometimes strictly following the law might lead to unfair
outcomes. For now, it says we can think of justice as "equality before the law". It also
mentions formal justice (making sure the legal process is followed correctly) and
substantive justice (making sure the content of the law is fair).
Basically, Unit 1 gives you an overview of what law is all about in our daily lives, the different
kinds of rules that guide our behaviour, the key characteristics of law, and some initial ideas
about justice. It's the foundation for understanding all the more specific stuff you'll learn in
the rest of the module.
LEARNING UNIT 2
Alright, so after figuring out "What is law?" in Unit 1, Unit 2 dives into the idea of "rights"
and how they connect to the law. Think of it like this: the law sets the rules, and your rights
are like the things the law says you're allowed to have or do, and that others have a duty to
respect.
The unit starts with a scenario about the Mothibe family going to town. Bongiwe buying
shoes and Thomas enrolling in a French course are used as everyday examples where
rights come into play. The unit explains that while we looked at law as a system of rules in
Unit 1, we can also think of it as a system of rights.
So, what exactly is a right? According to the study guide, the law sets standards (norms)
for how people in a community should interact. When we talk about rights, we're talking
about something that the law says is due or belongs to a person. It's like something that has
value to you. This value could be because it costs money, it's hard to get, or it's just
important to you personally, like your good name.
