, SCL1501 ASSIGNMENT 1 SEMESTER 2 2025 ANSWERS
DUE DATE: 28 AUGUST 2025
Question 1.1
Define the parameters of the concept of “social contract” (2)
The social contract refers to an implicit or explicit agreement among individuals in a
society to form a political community and accept certain limitations on their freedom
in exchange for security, order, and the protection of fundamental rights 1. This
concept, grounded in political philosophy, asserts that the legitimacy of legal and
political authority stems from the collective consent of the governed rather than
divine command or coercive power.
Question 1.2
Distinguish between the following terms: prosecutors and state advocates, state
attorneys and attorneys. (4)
Prosecutors and state advocates are both officials of the National Prosecuting
Authority (NPA) who conduct criminal prosecutions on behalf of the state, but they
differ in terms of rank and court jurisdiction. Prosecutors operate mainly in
magistrates’ courts, dealing with less complex matters, while state advocates appear
in the High Courts and prosecute more serious and sophisticated cases, often
requiring advanced legal expertise2.
State attorneys and attorneys are both legal professionals, but their roles and clients
differ. State attorneys are employed by the Department of Justice and represent the
government and state organs in civil litigation, whereas attorneys in private practice
represent individuals or private entities. Attorneys work across both civil and criminal
law and are not limited to state-related matters3.
Question 1.3
Define the term “law” and explain how it differs from rules in general. (4)
1
Rousseau, J.J. (1762). The Social Contract.
2
National Prosecuting Authority Act 32 of 1998.
3
Legal Practice Act 28 of 2014.
DUE DATE: 28 AUGUST 2025
Question 1.1
Define the parameters of the concept of “social contract” (2)
The social contract refers to an implicit or explicit agreement among individuals in a
society to form a political community and accept certain limitations on their freedom
in exchange for security, order, and the protection of fundamental rights 1. This
concept, grounded in political philosophy, asserts that the legitimacy of legal and
political authority stems from the collective consent of the governed rather than
divine command or coercive power.
Question 1.2
Distinguish between the following terms: prosecutors and state advocates, state
attorneys and attorneys. (4)
Prosecutors and state advocates are both officials of the National Prosecuting
Authority (NPA) who conduct criminal prosecutions on behalf of the state, but they
differ in terms of rank and court jurisdiction. Prosecutors operate mainly in
magistrates’ courts, dealing with less complex matters, while state advocates appear
in the High Courts and prosecute more serious and sophisticated cases, often
requiring advanced legal expertise2.
State attorneys and attorneys are both legal professionals, but their roles and clients
differ. State attorneys are employed by the Department of Justice and represent the
government and state organs in civil litigation, whereas attorneys in private practice
represent individuals or private entities. Attorneys work across both civil and criminal
law and are not limited to state-related matters3.
Question 1.3
Define the term “law” and explain how it differs from rules in general. (4)
1
Rousseau, J.J. (1762). The Social Contract.
2
National Prosecuting Authority Act 32 of 1998.
3
Legal Practice Act 28 of 2014.
