ILW 1501 Summary:
What is Law?
1. Law governs human behaviour.
2. Obeyed by all of society.
3. It is enforced by state organs.
4. Disobeying the law, you may be prosecuted and punished.
South African Law Has Two Main Divisions
Public law & Private law
1. Public Law: Deals with the relationship between the state and
individuals
2. Private Law: Deals with the relationship between individuals and
other individuals.
The Law can also be divided into:
1. Formal Law: deals with the procedures that must be followed in legal
proceedings (the way we act in court, evidence allowed)
2. Substantive Law: part of law that determines the content and the
meaning of different legal rules.
The Law and other normative systems.
Normative systems are systems other than the law that govern human
behaviour.
Religion:
• Every religion has a code by which the people who follow it live by.
• Every religion also has a sanction (punishment) if this code is broken.
• It is not the states task to enforce religious norms, but religious
freedom must be made possible by the state.
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, • There are similarities between law and religion like the regulation of
sexual relationships and murder and so forth.
• There are also differences like adultery is not a crime but it is a sin.
• There are certain aspects that the SA law is in favour of like in
criminal law Blasphemy is a crime but only with the Christian God
• Blasphemy= the act of insulting or showing contempt to a God.
Individual Morality:
• This is the norms and standards that each person sets for himself.
• An individual’s morality may sometimes coincide with their religion
or with certain legal rules, like not telling a lie or being dishonest
with fraud.
• The sanction for disobeying these rules is personal and self-imposed.
Community Mores:
• Norms of a whole community, they are collective morals.
• Law and community mores may also coincide like the possession and
sale of harmful drugs, it is disapproved by the community and it is a
criminal offence.
• The sanction for breaking these norms may be rejection.
The Question of Justice
Justice = “equality before Law”
In SA Law there are two types of justice Formal Justice and Substantive
Justice.
Formal Justice
• Formal law deals with the procedures that must be followed in
legal proceedings.
• If formal law is applied the same way and it meets
requirements, we say that Formal Justice has been achieved.
• Requirements to achieve Formal Justice are the following:
• Explicit rules of how people should be treated on specific cases.
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What is Law?
1. Law governs human behaviour.
2. Obeyed by all of society.
3. It is enforced by state organs.
4. Disobeying the law, you may be prosecuted and punished.
South African Law Has Two Main Divisions
Public law & Private law
1. Public Law: Deals with the relationship between the state and
individuals
2. Private Law: Deals with the relationship between individuals and
other individuals.
The Law can also be divided into:
1. Formal Law: deals with the procedures that must be followed in legal
proceedings (the way we act in court, evidence allowed)
2. Substantive Law: part of law that determines the content and the
meaning of different legal rules.
The Law and other normative systems.
Normative systems are systems other than the law that govern human
behaviour.
Religion:
• Every religion has a code by which the people who follow it live by.
• Every religion also has a sanction (punishment) if this code is broken.
• It is not the states task to enforce religious norms, but religious
freedom must be made possible by the state.
1
, • There are similarities between law and religion like the regulation of
sexual relationships and murder and so forth.
• There are also differences like adultery is not a crime but it is a sin.
• There are certain aspects that the SA law is in favour of like in
criminal law Blasphemy is a crime but only with the Christian God
• Blasphemy= the act of insulting or showing contempt to a God.
Individual Morality:
• This is the norms and standards that each person sets for himself.
• An individual’s morality may sometimes coincide with their religion
or with certain legal rules, like not telling a lie or being dishonest
with fraud.
• The sanction for disobeying these rules is personal and self-imposed.
Community Mores:
• Norms of a whole community, they are collective morals.
• Law and community mores may also coincide like the possession and
sale of harmful drugs, it is disapproved by the community and it is a
criminal offence.
• The sanction for breaking these norms may be rejection.
The Question of Justice
Justice = “equality before Law”
In SA Law there are two types of justice Formal Justice and Substantive
Justice.
Formal Justice
• Formal law deals with the procedures that must be followed in
legal proceedings.
• If formal law is applied the same way and it meets
requirements, we say that Formal Justice has been achieved.
• Requirements to achieve Formal Justice are the following:
• Explicit rules of how people should be treated on specific cases.
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