, SCL1501 Assignment 1
Semester 2 2025
DUE 28 August 2025
Use this document as a guide and for references to answer your assignment
Question 1
1.1 Define the parameters of the concept of “social contract” (2)
The social contract is an understanding between individuals and the state that
forms the foundation of political and legal order. It is based on the idea that
people agree to give up certain personal freedoms in exchange for protection of
their fundamental rights and maintenance of social order. Through this
agreement, the state gains the authority to make and enforce laws, while citizens
consent to obey these laws and institutions. The relationship is reciprocal: the
state must safeguard rights and provide justice, while citizens must fulfil their
duties and comply with the law. The legitimacy of government authority therefore
depends on respect for and adherence to this contract.
1.2 Distinguish between the following terms: prosecutors and state
advocates, state attorneys and attorneys. (4)
Prosecutors and state advocates both represent the state in criminal matters, but
their roles differ in scope. Prosecutors conduct criminal proceedings on behalf of
the state, mainly in lower courts, by bringing charges against accused persons. State
advocates, on the other hand, are more senior officials within the National
Prosecuting Authority who handle serious or complex prosecutions, usually in the
High Court or other superior courts.
The distinction between state attorneys and attorneys lies in who they serve. State
attorneys are government-employed lawyers who represent state departments in
civil litigation, defend the state against claims, and provide legal services to
government entities. Attorneys, in contrast, are private legal practitioners who
represent individuals, companies, or organizations in a wide range of legal matters,
offering advice and representation in both civil and criminal cases.
Semester 2 2025
DUE 28 August 2025
Use this document as a guide and for references to answer your assignment
Question 1
1.1 Define the parameters of the concept of “social contract” (2)
The social contract is an understanding between individuals and the state that
forms the foundation of political and legal order. It is based on the idea that
people agree to give up certain personal freedoms in exchange for protection of
their fundamental rights and maintenance of social order. Through this
agreement, the state gains the authority to make and enforce laws, while citizens
consent to obey these laws and institutions. The relationship is reciprocal: the
state must safeguard rights and provide justice, while citizens must fulfil their
duties and comply with the law. The legitimacy of government authority therefore
depends on respect for and adherence to this contract.
1.2 Distinguish between the following terms: prosecutors and state
advocates, state attorneys and attorneys. (4)
Prosecutors and state advocates both represent the state in criminal matters, but
their roles differ in scope. Prosecutors conduct criminal proceedings on behalf of
the state, mainly in lower courts, by bringing charges against accused persons. State
advocates, on the other hand, are more senior officials within the National
Prosecuting Authority who handle serious or complex prosecutions, usually in the
High Court or other superior courts.
The distinction between state attorneys and attorneys lies in who they serve. State
attorneys are government-employed lawyers who represent state departments in
civil litigation, defend the state against claims, and provide legal services to
government entities. Attorneys, in contrast, are private legal practitioners who
represent individuals, companies, or organizations in a wide range of legal matters,
offering advice and representation in both civil and criminal cases.
