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ASSESSMENT ONE (1) 2024 - SCL1501

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B MSIMANGO 57898812
UNISA – SCL1501 ASSIGNMENT 01


Question 1

Law, in strict terms, as per the SCL1501SG [2]1, “is the only body of rules governing human
conduct that is recognised by the state and if necessary, enforced.” The law, then, is a set of
rules that make for a guideline of societal living within the context of statutory standards and
or principles to forge a way of justifiable, agreeable, and reasonable humane cohabitation.
The law is differentiated from other social norms or rules by the penalties that the law imposes
on anyone who breaks the specific rules because it is enforceable by the ‘state’ that recognises
it (SCL1501SG, 3) 1. That is, while social norms and rules are particularly derived from the law
itself, when a typical social norm is broken, it does not repercussion to possible punishment.
Also, the law has an enforcement plaster to it that centres on uncompromising allegiance and
compliance while as social norms can most certainly not be nonnegotiably enforced.

Question 2

2.1 The state is an organized territory with a political entity (Joffe, 2018)2. Joffe defines the
state as first, an organized geographical location with finite ends and secondly, a geopolitical
space. However, the statement of interest cites that the ‘state’, is deemed to be a ‘non-physical
entity’. That suggests and or points the state as one that is set and agreed and taken to be a
social abstract of an existing phenomenon of organized, socialized contractual living by both
conscious and non-conscious contractors of the same. Joffe (2018, 03)2, shares of a state as
primarily being ‘a political organization manifest first in government and leadership,
specifically, the (semi)-autonomous entities and networks involved in making and carrying out
policy, rules, and decisions.’ In that the entities are not entirely established by the complete
citizenry; it can be argued how the term ‘deemed’ shows that the state is the epicentre of a
peripheral politicized sect of its making.

2.2 The law, the constitutionalised, state recognised law, can and should serve all individuals
in all classes of society for it to be at all law as entrenched in chapter 2, the bill of rights section
of the South African constitution. However, through the observation of categorically different
classes of society by exertions of discrete environments, the law is serving only the law-
informed classes of society. The questioning phrase of whose law is it that society must comply
by, can be answered by the fitting term of ‘dominance.’ In many cases, the dominant, are the
middle, upper and high-end environments of the well off who are living with the means and
sources to access credible, constructive, and justifying law. It makes for the coining of the term



1
Skills for Law Students [SCL1501] (2024) Study Guide, UNISA.
2
Eikeland, Olav. (2014). Praxis. Sage Encyclopaedia of Action Research (pp.653-657)

, B MSIMANGO 57898812
UNISA – SCL1501 ASSIGNMENT 01
‘elite’, which speaks of those kind of people who through the access and knowledge of law,
use and live by the law to optimum gain.

Question 3
[3.1] Praxis, according to Olav, is a deriver Greek word that literally means to practice (2014,
1)3. It explains the necessity and unmatched importance of the need to put a meritorious effort
in acquiring practical skills in any field of work, knowledge and or studies alike. Kabi, the
character and root person of interest in the short story, utterly disregarded the essential aspect
of acquiring the skill that will need to be put into practice. He not only exercised a corrupted
way of getting a driver’s licence, but he also did the crippling approach of buying something
that should be earned. Praxis then, will highlight the severity and criticality of securing the
weightier facet of a scale that needs a strong hold on correct, legitimate practice of
theoretically imparted knowledge. For a law student, just as it is for any other student, the
crucial crux between theory and practice is vital, and if scrutinized, should in my opinion be
skewed more towards evidencing practicality.

3.2 [1] Kgalema Motlanthe aims to send a message of introspective reprimand to the ANC
government. He does so through a diplomatic approach of stating that self-reflection is the
very source of self-development by pointing out that ‘self-reflection amounts to questioning
the very basis of the underlying postulates that frame the way we do things.’ In that sense, Mr.
Motlanthe’s central message looks to shed a combination of pleading, reproving, and
reminding remarks to the ANC. Entirely, He targeted to expose the slowly looming dethroning
of the ANC government by voicing the crucial need to look back and reprioritize the
establishing pillars of the organization that were all set to a subjective tone of leadership where
ANC must meeken itself to be a people’s objective congress.

[2] Kgalema Motlanthe places importance on ‘subjective becoming’ on the rungs of ‘objective
reality’. He directly correlates a polarized notion of continued growth and development within
the untangling efforts to being objective with reality. Human existence in that regard and in
relevance to his expansion of self-reflection will have to acknowledge and admit what is
undeniably real and true to then build, through subjectivity, a bettering characterized body of
humanity that has a clear grasp of what reality forecasts as per objectivity.

[3] Rugut and Osman (2013, 4)4 cite Paulo Freire as maintaining that for ‘the oppressed to
become authentic selves they must fight not only for freedom from hunger, but for freedom to
create and construct, wonder, and venture. True knowledge, Freire contended, emerges only
through restless, impatient, continuing, hopeful, critical inquiry with other people about their


3
Eikeland, Olav. (2014). Praxis. Sage Encyclopaedia of Action Research (pp.653-657)
4
Emmy J. Rugut, Ahmed A. Osman American International Journal of Social Science Vol. 2(2).

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