, SCL1501
ASSIGNMENT 1 SEMESTER 2
2026
DUE AUGUST 2026
1.1 The Concept of Law
The concept of law is fundamental to legal studies and forms the foundation upon which the entire
legal system is built. According to the SCL1501 study guide, law can be defined as "the only body of
rules governing human conduct that is recognised by the state and if necessary, enforced"
(SCL1501, 2019:14). This definition reveals several critical characteristics that distinguish law from
other types of rules that govern human behaviour.
Firstly, law constitutes a system of rules. However, the study guide emphasises that not all systems
of rules qualify as law. For rules to be considered law, they must fulfil three essential characteristics:
recognition by the state, control of human actions, and enforceability (SCL1501, 2019:14). This
tripartite distinction is crucial because it helps us differentiate between legal rules and other
normative systems such as religious rules, sporting codes, or social etiquette.
Secondly, the rules must be recognised by the state. The state is described as "a non-physical entity,
an abstract notion or phenomenon created by citizens through their deemed agreement (i.e. social
contract) in terms of which they entrust their existence, power and resources to this imagined
authority" (SCL1501, 2019:17). This social contract theory underpins the legitimacy of law, as
citizens willingly agree to be bound by rules that organise their lives and create order, certainty,
and protection (SCL1501, 2019:103). The state acts through human proxies called "organs of state"
or "state organs" who form the government, which executes the functions of the state (SCL1501,
2019:17).
Thirdly, the rules are meant to control human actions in relation to society, things, and the
environment (SCL1501, 2019:14). This regulatory function creates duties (obligations) and rights for
citizens. When citizens perform acts required by the state, such as paying taxes or observing rules
of the road, and when they respect the rights of others, a system of law and order—known as legal
order—is established (SCL1501, 2019:14).
Fourthly, the rules are enforceable. This enforceability distinguishes law from mere rules or social
norms. The study guide emphasises that laws create duties and rights, and when citizens fail to
comply, sanctions are imposed through the legal system (SCL1501, 2019:14).
ASSIGNMENT 1 SEMESTER 2
2026
DUE AUGUST 2026
1.1 The Concept of Law
The concept of law is fundamental to legal studies and forms the foundation upon which the entire
legal system is built. According to the SCL1501 study guide, law can be defined as "the only body of
rules governing human conduct that is recognised by the state and if necessary, enforced"
(SCL1501, 2019:14). This definition reveals several critical characteristics that distinguish law from
other types of rules that govern human behaviour.
Firstly, law constitutes a system of rules. However, the study guide emphasises that not all systems
of rules qualify as law. For rules to be considered law, they must fulfil three essential characteristics:
recognition by the state, control of human actions, and enforceability (SCL1501, 2019:14). This
tripartite distinction is crucial because it helps us differentiate between legal rules and other
normative systems such as religious rules, sporting codes, or social etiquette.
Secondly, the rules must be recognised by the state. The state is described as "a non-physical entity,
an abstract notion or phenomenon created by citizens through their deemed agreement (i.e. social
contract) in terms of which they entrust their existence, power and resources to this imagined
authority" (SCL1501, 2019:17). This social contract theory underpins the legitimacy of law, as
citizens willingly agree to be bound by rules that organise their lives and create order, certainty,
and protection (SCL1501, 2019:103). The state acts through human proxies called "organs of state"
or "state organs" who form the government, which executes the functions of the state (SCL1501,
2019:17).
Thirdly, the rules are meant to control human actions in relation to society, things, and the
environment (SCL1501, 2019:14). This regulatory function creates duties (obligations) and rights for
citizens. When citizens perform acts required by the state, such as paying taxes or observing rules
of the road, and when they respect the rights of others, a system of law and order—known as legal
order—is established (SCL1501, 2019:14).
Fourthly, the rules are enforceable. This enforceability distinguishes law from mere rules or social
norms. The study guide emphasises that laws create duties and rights, and when citizens fail to
comply, sanctions are imposed through the legal system (SCL1501, 2019:14).
