lOMoARcPSD|5059112
LJU500 2021 01 SG - study guide
jurisprudence (STADIO: Faculty of Education, School of Education)
Studocu is not sponsored or endorsed by any college or university
Downloaded by Koketso Silas ()
, lOMoARcPSD|5059112
LJU500
JURISPRUDENCE IN AFRICAN
CONTEXT
STUDY GUIDE
Compiled by: Dr C. Lancaster
Downloaded by Koketso Silas ()
, lOMoARcPSD|5059112
Developed and produced by Southern Business School.
No part of this publication may be reproduced in any manner or form or be published without the prior
written permission of the publisher.
Copyright material is used under the provisions of the Copyright Act, 98 of 1978, read together with the
Copyright Regulations of 1978, promulgated thereunder. Readings indicated in this work have been copied
by Southern Business School for private study only, under the exceptions granted by the Act.
© 2019 Southern Business School
To be revised 2021
Private Bag X03, Helderkruin, 1733
Plot 10, R28 Service Road, Diswilmar, Krugersdorp
Phone: +27 (0) 11 662 1444
Fax: +27 (0) 11 662 1462
Email:
Web: http://sbs.ac.za
Downloaded by Koketso Silas ()
, lOMoARcPSD|5059112
LJU500 JURISPRUDENCE IN AFRICAN CONTEXT
TABLE OF CONTENTS
WELCOME TO STUDENTS viii
EXIT-LEVEL OUTCOMES ix
LEARNING OUTCOMES – GENERAL AND SPECIFIC ix
PRESCRIBED TEXTBOOK xi
RECOMMENDED READING xii
AVAILABILITY OF TEXTBOOKS xii
FACILITATOR OF LEARNING xiii
ICONS xiv
SABINET AND EBSCO xv
STUDY UNIT 1 1
INTRODUCTION TO AFRICAN PHILOSOPHY AND JURISPRUDENCE 1
LEARNING OUTCOMES 1
READING 1
1.1 PHILOSOPHY AND JURISPRUDENCE 1
SELF-ASSESSMENT EXERCISES 2
STUDY UNIT 2 3
POSITIVISM AND TRADITIONAL AFRICAN SOCIETIES 3
LEARNING OUTCOMES 3
READING 3
2.1 INTRODUCTION 3
2.2 THE NATURE OF TRADITIONAL AFRICAN SOCIETIES AND CUSTOMARY LAW 4
2.3 POSITIVISM AND CONDITIONS OF LEGAL VALIDITY 4
2.4 CONCLUSION 5
SELF-ASSESSMENT EXERCISES 5
STUDY UNIT 3 6
NATURAL THEORY AND APARTHEID 6
LEARNING OUTCOMES 6
READING 6
3.1 INTRODUCTION 6
3.2 THE NATURE OF APARTHEID 6
3.3 MORALITY OF A LEGAL SYSTEM 7
3.3.1 Procedural naturalism as morality 7
iii
Downloaded by Koketso Silas ()
LJU500 2021 01 SG - study guide
jurisprudence (STADIO: Faculty of Education, School of Education)
Studocu is not sponsored or endorsed by any college or university
Downloaded by Koketso Silas ()
, lOMoARcPSD|5059112
LJU500
JURISPRUDENCE IN AFRICAN
CONTEXT
STUDY GUIDE
Compiled by: Dr C. Lancaster
Downloaded by Koketso Silas ()
, lOMoARcPSD|5059112
Developed and produced by Southern Business School.
No part of this publication may be reproduced in any manner or form or be published without the prior
written permission of the publisher.
Copyright material is used under the provisions of the Copyright Act, 98 of 1978, read together with the
Copyright Regulations of 1978, promulgated thereunder. Readings indicated in this work have been copied
by Southern Business School for private study only, under the exceptions granted by the Act.
© 2019 Southern Business School
To be revised 2021
Private Bag X03, Helderkruin, 1733
Plot 10, R28 Service Road, Diswilmar, Krugersdorp
Phone: +27 (0) 11 662 1444
Fax: +27 (0) 11 662 1462
Email:
Web: http://sbs.ac.za
Downloaded by Koketso Silas ()
, lOMoARcPSD|5059112
LJU500 JURISPRUDENCE IN AFRICAN CONTEXT
TABLE OF CONTENTS
WELCOME TO STUDENTS viii
EXIT-LEVEL OUTCOMES ix
LEARNING OUTCOMES – GENERAL AND SPECIFIC ix
PRESCRIBED TEXTBOOK xi
RECOMMENDED READING xii
AVAILABILITY OF TEXTBOOKS xii
FACILITATOR OF LEARNING xiii
ICONS xiv
SABINET AND EBSCO xv
STUDY UNIT 1 1
INTRODUCTION TO AFRICAN PHILOSOPHY AND JURISPRUDENCE 1
LEARNING OUTCOMES 1
READING 1
1.1 PHILOSOPHY AND JURISPRUDENCE 1
SELF-ASSESSMENT EXERCISES 2
STUDY UNIT 2 3
POSITIVISM AND TRADITIONAL AFRICAN SOCIETIES 3
LEARNING OUTCOMES 3
READING 3
2.1 INTRODUCTION 3
2.2 THE NATURE OF TRADITIONAL AFRICAN SOCIETIES AND CUSTOMARY LAW 4
2.3 POSITIVISM AND CONDITIONS OF LEGAL VALIDITY 4
2.4 CONCLUSION 5
SELF-ASSESSMENT EXERCISES 5
STUDY UNIT 3 6
NATURAL THEORY AND APARTHEID 6
LEARNING OUTCOMES 6
READING 6
3.1 INTRODUCTION 6
3.2 THE NATURE OF APARTHEID 6
3.3 MORALITY OF A LEGAL SYSTEM 7
3.3.1 Procedural naturalism as morality 7
iii
Downloaded by Koketso Silas ()