a system
of rights
Notes: ILW1501
a system
Study Unit 1: What is ‘law’ of norms
and rules
The relevance of law in daily life
The Law
Explain what the ‘law’ is:
The law governs behaviour/conduct,
Should be obeyed by all of society and
Is enforced by state organs
By ignoring or disobeying the law we may be prosecuted and punished or ordered to pay compensation for
damage or injury
Two methods used to divide SA law into two main divisions:
1. SA law can be divided into the two main divisions of public law and private law
Public Law Individual(s) State
The Law
Private Law Individual(s) Individual(s)
2. SA law can be divided into two main divisions of formal (procedural) and substantive (material) law.
Deals with the procedures that must
Formal/Procedural Law be followed in legal proceedings
(rules, conduct, evidence)
The Law
Determines the content & meaning
Substantive/Material Law
of the different legal rules
Normative systems that rule/govern human behaviour:
To whom do the rules apply? Sanction for non-compliance Enforcer of sanction
The Law Norms which the whole *Prosecution or punishment State organ
community regards as binding *Compensation to an injured
and must be obeyed party
Religion A set of rules in accordance Every religion has its own Each separate
with the people who practice sanction or punishment religion
that religion
Individual morality Norms/standards that every The sanction is personal and The individual
individual sets for himself self-imposed
Community mores Norms of a whole community Varying degrees of The Community
(collective morals) or group within that disapproval/rejection /
community discrimination by other
members of the community
1 Introduction to Law (ILW1501)
, Justice: Equality before the law.
SA Law makes two distinctions:
Formal Justice Substantive Justice
Deals with the procedures that must be followed Concerns the content of the rule and not the way
in legal proceedings (rules, conduct, evidence) in which it is applied.
Basic requirements that must be met for formal Here the content of the rule is looked at to
justice to be achieved: determine whether it is just and fair.
There must be explicit rules laid down to show Examples:
how people must be treated in specific cases The apartheid rules were specific, applied to all
The rules must apply generally (all people in and were applied impartially – however, the
the group under the same circumstances) content of the rules were unjust and therefore
The rules must be applied impartially by a justice was not served
legal institution (judge may not be biased)
Study Unit 2: Law and Rights Understanding the difference between the concepts ‘law’ and ‘rights’
A legal subject is anyone who is subject to the norms of the law and who also may be the bearer of rights and duties.
A legal object may be anything that is of economic value to people (cost, usefulness, scarcity).
Every right concerns a relationship made up of two parts:
1. A relationship between a legal subject and the object of the right (person object);
2. A relationship between the legal subject who is the holder of the right, and other legal subjects (person
person)
Against legal subjects
To legal objects
4 types of rights
Real Rights rights of ownership: owner’s power to freely use, alienate and destroy his property
rights of pledge: when we pledge something (give a movable thing as security for a dept)
rights of servitude: example the right of way one person has been given over another’s land
Personality The rights each one has to parts of his/her personality.
Rights The right to physical integrity, the right to your good name/reputation, the right to honour
Intellectual Relates to the creations of the human mind.
Property Rights A work of art, an invention, a trade mark, copyright.
Personal Rights A personal right is a right to performance. Also called a claim.
Delivery, payment, service.
Action of doing or not doing something
2 Introduction to Law (ILW1501)
of rights
Notes: ILW1501
a system
Study Unit 1: What is ‘law’ of norms
and rules
The relevance of law in daily life
The Law
Explain what the ‘law’ is:
The law governs behaviour/conduct,
Should be obeyed by all of society and
Is enforced by state organs
By ignoring or disobeying the law we may be prosecuted and punished or ordered to pay compensation for
damage or injury
Two methods used to divide SA law into two main divisions:
1. SA law can be divided into the two main divisions of public law and private law
Public Law Individual(s) State
The Law
Private Law Individual(s) Individual(s)
2. SA law can be divided into two main divisions of formal (procedural) and substantive (material) law.
Deals with the procedures that must
Formal/Procedural Law be followed in legal proceedings
(rules, conduct, evidence)
The Law
Determines the content & meaning
Substantive/Material Law
of the different legal rules
Normative systems that rule/govern human behaviour:
To whom do the rules apply? Sanction for non-compliance Enforcer of sanction
The Law Norms which the whole *Prosecution or punishment State organ
community regards as binding *Compensation to an injured
and must be obeyed party
Religion A set of rules in accordance Every religion has its own Each separate
with the people who practice sanction or punishment religion
that religion
Individual morality Norms/standards that every The sanction is personal and The individual
individual sets for himself self-imposed
Community mores Norms of a whole community Varying degrees of The Community
(collective morals) or group within that disapproval/rejection /
community discrimination by other
members of the community
1 Introduction to Law (ILW1501)
, Justice: Equality before the law.
SA Law makes two distinctions:
Formal Justice Substantive Justice
Deals with the procedures that must be followed Concerns the content of the rule and not the way
in legal proceedings (rules, conduct, evidence) in which it is applied.
Basic requirements that must be met for formal Here the content of the rule is looked at to
justice to be achieved: determine whether it is just and fair.
There must be explicit rules laid down to show Examples:
how people must be treated in specific cases The apartheid rules were specific, applied to all
The rules must apply generally (all people in and were applied impartially – however, the
the group under the same circumstances) content of the rules were unjust and therefore
The rules must be applied impartially by a justice was not served
legal institution (judge may not be biased)
Study Unit 2: Law and Rights Understanding the difference between the concepts ‘law’ and ‘rights’
A legal subject is anyone who is subject to the norms of the law and who also may be the bearer of rights and duties.
A legal object may be anything that is of economic value to people (cost, usefulness, scarcity).
Every right concerns a relationship made up of two parts:
1. A relationship between a legal subject and the object of the right (person object);
2. A relationship between the legal subject who is the holder of the right, and other legal subjects (person
person)
Against legal subjects
To legal objects
4 types of rights
Real Rights rights of ownership: owner’s power to freely use, alienate and destroy his property
rights of pledge: when we pledge something (give a movable thing as security for a dept)
rights of servitude: example the right of way one person has been given over another’s land
Personality The rights each one has to parts of his/her personality.
Rights The right to physical integrity, the right to your good name/reputation, the right to honour
Intellectual Relates to the creations of the human mind.
Property Rights A work of art, an invention, a trade mark, copyright.
Personal Rights A personal right is a right to performance. Also called a claim.
Delivery, payment, service.
Action of doing or not doing something
2 Introduction to Law (ILW1501)
