ILW1501
SUMMARY
NOTES.
, 1
Study Unit 1: What is ‘law’
The relevance of law in daily life
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)
Public Law: Deals with the relationship between the state and individuals
Private Law: Deals with the relationship between individuals and other individuals
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
, 2
Normative systems that rule/govern human behaviour:
To whom do the rules Sanction for non- Enforcer of
apply? compliance sanction
The Law Norms which the whole *Prosecution or State organ
community regards as punishment
binding and must be *Compensation to an
obeyed injured
party
Religion A set of rules in Every religion has its Each separate
accordance with the own sanction or religion
people who practice punishment
that religion
Individual Norms/standards that The sanction is The individual
morality every individual sets personal and self-
for himself imposed
Community Norms of a whole Varying degrees of The Community
mores community or group disapproval/rejection /
(collective within that community discrimination by other
morals) members of the
community
Justice: Equality before the law.
SA Law makes two distinctions:
Formal Justice Substantive Justice
Deals with the procedures that must Concerns the content of the rule and
be followed in legal proceedings (rules, not the way in which it is applied.
conduct, evidence)
SUMMARY
NOTES.
, 1
Study Unit 1: What is ‘law’
The relevance of law in daily life
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)
Public Law: Deals with the relationship between the state and individuals
Private Law: Deals with the relationship between individuals and other individuals
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
, 2
Normative systems that rule/govern human behaviour:
To whom do the rules Sanction for non- Enforcer of
apply? compliance sanction
The Law Norms which the whole *Prosecution or State organ
community regards as punishment
binding and must be *Compensation to an
obeyed injured
party
Religion A set of rules in Every religion has its Each separate
accordance with the own sanction or religion
people who practice punishment
that religion
Individual Norms/standards that The sanction is The individual
morality every individual sets personal and self-
for himself imposed
Community Norms of a whole Varying degrees of The Community
mores community or group disapproval/rejection /
(collective within that community discrimination by other
morals) members of the
community
Justice: Equality before the law.
SA Law makes two distinctions:
Formal Justice Substantive Justice
Deals with the procedures that must Concerns the content of the rule and
be followed in legal proceedings (rules, not the way in which it is applied.
conduct, evidence)
