, CL1501 – Assignment 1 (Semester 1, 2026)
Total: 50 Marks
Question 1
1.1 Define the parameters of the concept of “social contract”. (2)
The social contract refers to a theoretical agreement between
individuals and the state in terms of which individuals consent to
surrender certain freedoms and submit to state authority in exchange
for protection, security, and the maintenance of law and order.
The parameters of the concept include:
Consent of the governed,
Authority of the state,
Exchange of freedoms for protection and social order.
1.2 Distinguish between the following terms: prosecutors and state
advocates; state attorneys and attorneys. (4)
(a) Prosecutors and State Advocates
A prosecutor represents the state in criminal proceedings, mainly in
the Magistrates’ Courts. They present evidence and conduct
prosecutions on behalf of the state.
A state advocate also represents the state in criminal matters but
generally appears in higher courts such as the High Court and deals
with more serious or complex cases.
The distinction lies in the level of court and complexity of matters
handled.
(b) State Attorneys and Attorneys