STUDY UNIT 1 – What is “law”? KEY QUESTIONS:
1. What is the “law”?
The law: → is a set of rules / norms that governs human behaviour /
conduct. → should be obeyed by all of society & is binding → is
enforced by the state / state organs & → when you do something
wrong, you may be prosecuted & punished or be ordered to
compensate the other party you have injured
2. Identify events that have legal relevance, in other words, that has
something to do with the law?
Examples from the story→ examine legal norms to find out whether:
Employment → retrenchment→ lawful / not lawful Payment of
school fees → obligation
3. Understand the part played by law in daily life?
The law plays a very important role in daily life. → parenting →
legal norms relevant to parenting→ schooling / medical care → age
of children → infan → steals → not liable for crime
4. Divide the events that have legal relevance in divisions?
There are 2 methods used to divide South African law: (1) 2 main
divisions → Public law & Private law (2) 2main divisions → Formal
(procedural) law & Substantive (material) law
Public law & Private law → deals with:
, → Public Law → relationship → state & individual
→ Private Law → relationship → individual & individual
Formal / procedural law & Substantive / material law→ deals with:
→Formal law → procedures that must be followed in legal
proceedings
→ Substantive law → determines the content & meaning of
different legal rules
5. Explain the difference between legal norms and other norms?
Some law→ norms (rules) → determine how one should interact and
behave with another. This is what separate laws from those that are
not norms. Therefore: A legal norm (law) binds all people. Other norms
/ other laws → law of chess→ bind only those who are playing.
ILW1036- Summary L.Gerber© Use for preparation only 2
,6. Explain the difference between formal justice and substantive
justice?
Formal Justice: Formal law → deals with the procedures that must
be followed in legal proceedings. → certain basic requirements must
be met, → when these basic requirements are met, always applied,
in exactly the same way → Formal Justice→ achieved → basic
requirements:
Explicit rules→ how people must be treated in specific cases
Rules applied generally→ all people→ same circumstances
Rules must be applied impartially→ judge may not apply rules
unequally / no bias decisions
Substantive Justice: When there is formal justice that‟s not really
„real justice‟, substantive justice is raised. → Concerned with →
content of rule → not how rule applied Substantive law →
determines content & meaning of different legal rules → to
determine if substantive justice done: → content of these rules itself
must be looked at. Often substantive law complies with the rules of
formal law→ but may still be unjust Therefore formal justice and not
substantive justice are achieved. Example → Apartheid years →
laws specific, applied to all in specific group & impartially applied →
cannot be said that it served justice→ content of rules→ unjust
7. Distinguish between the different normative systems?
, Normative systems that governs human behaviour: → Religion /
Individual Morality / Community Mores Religion: Each religion has →
code (a set of rules) to live by → sanction (punishment) for those
disobeying There are many questions with regard to the relationship
between religion and law. Although there are many differences and
similarities, they might overlap, and cannot often be divided into
separate categories. There are different view points in this regard:
Religion and law should be mutually exclusive
Religion and law should have the same content.
These views may be criticised as follow:
There are many similarities & differences
ILW1036- Summary L.Gerber© Use for preparation only 3
1. What is the “law”?
The law: → is a set of rules / norms that governs human behaviour /
conduct. → should be obeyed by all of society & is binding → is
enforced by the state / state organs & → when you do something
wrong, you may be prosecuted & punished or be ordered to
compensate the other party you have injured
2. Identify events that have legal relevance, in other words, that has
something to do with the law?
Examples from the story→ examine legal norms to find out whether:
Employment → retrenchment→ lawful / not lawful Payment of
school fees → obligation
3. Understand the part played by law in daily life?
The law plays a very important role in daily life. → parenting →
legal norms relevant to parenting→ schooling / medical care → age
of children → infan → steals → not liable for crime
4. Divide the events that have legal relevance in divisions?
There are 2 methods used to divide South African law: (1) 2 main
divisions → Public law & Private law (2) 2main divisions → Formal
(procedural) law & Substantive (material) law
Public law & Private law → deals with:
, → Public Law → relationship → state & individual
→ Private Law → relationship → individual & individual
Formal / procedural law & Substantive / material law→ deals with:
→Formal law → procedures that must be followed in legal
proceedings
→ Substantive law → determines the content & meaning of
different legal rules
5. Explain the difference between legal norms and other norms?
Some law→ norms (rules) → determine how one should interact and
behave with another. This is what separate laws from those that are
not norms. Therefore: A legal norm (law) binds all people. Other norms
/ other laws → law of chess→ bind only those who are playing.
ILW1036- Summary L.Gerber© Use for preparation only 2
,6. Explain the difference between formal justice and substantive
justice?
Formal Justice: Formal law → deals with the procedures that must
be followed in legal proceedings. → certain basic requirements must
be met, → when these basic requirements are met, always applied,
in exactly the same way → Formal Justice→ achieved → basic
requirements:
Explicit rules→ how people must be treated in specific cases
Rules applied generally→ all people→ same circumstances
Rules must be applied impartially→ judge may not apply rules
unequally / no bias decisions
Substantive Justice: When there is formal justice that‟s not really
„real justice‟, substantive justice is raised. → Concerned with →
content of rule → not how rule applied Substantive law →
determines content & meaning of different legal rules → to
determine if substantive justice done: → content of these rules itself
must be looked at. Often substantive law complies with the rules of
formal law→ but may still be unjust Therefore formal justice and not
substantive justice are achieved. Example → Apartheid years →
laws specific, applied to all in specific group & impartially applied →
cannot be said that it served justice→ content of rules→ unjust
7. Distinguish between the different normative systems?
, Normative systems that governs human behaviour: → Religion /
Individual Morality / Community Mores Religion: Each religion has →
code (a set of rules) to live by → sanction (punishment) for those
disobeying There are many questions with regard to the relationship
between religion and law. Although there are many differences and
similarities, they might overlap, and cannot often be divided into
separate categories. There are different view points in this regard:
Religion and law should be mutually exclusive
Religion and law should have the same content.
These views may be criticised as follow:
There are many similarities & differences
ILW1036- Summary L.Gerber© Use for preparation only 3
