CLA1501
NOTES
,TOPIC ONE: INTRODUCTION TO THE LEGAL SYSTEM IN SOUTH AFRICA
Learning Outcomes
By the end of this topic, students should be able to:
Explain what the term “law” means.
Describe the purpose and importance of law in society.
Identify and access the various sources of South African law.
Explain the hierarchical structure of the South African court system.
Define the term “jurisdiction”.
Recognize the different courts and their respective jurisdictions in South
Africa.
Apply all the above concepts to practical case scenarios.
,1. Why Society Needs Rules
Human beings are social by nature and constantly interact with one another. Because
individuals have diverse personalities, interests, and opinions, disagreements are
inevitable.
To prevent such conflicts and ensure peaceful coexistence, rules are necessary. These
rules regulate relationships among people, promote order, and help maintain harmony
within society.
Without them, chaos and disorder would prevail.
2. Types of Rules That Govern Human Behaviour
2.a Normative Systems
A normative system refers to a collection of rules designed to guide and regulate
human conduct, ensuring that people live together peacefully while their interests are
safeguarded. These systems aim to prevent disorder and maintain social stability.
The Three Main Types of Normative Systems
, Normative Ethics / Ethical Rules of Law
System Rules Positive
Morality
Definition Personal moral Moral rules Legal rules created and
standards developed by a enforced by the state to
created by an community that regulate the conduct of all
individual for apply to all its individuals within that state.
themselves. members.
Example: A Example: A
person decides community
never to drink decides that no
alcohol. member should
consume
alcohol.
Enforcement Enforced by the Enforced by the Enforced by the state
individual community and through its legal institutions.
themselves. its members.
Punishment / Feelings of guilt Social rejection, Legal penalties such as
Sanction / or a troubled disapproval, or fines, imprisonment,
Penalty conscience. exclusion by the community service,
community. correctional supervision,
corporal punishment, or
even the death penalty
(where applicable).
NOTES
,TOPIC ONE: INTRODUCTION TO THE LEGAL SYSTEM IN SOUTH AFRICA
Learning Outcomes
By the end of this topic, students should be able to:
Explain what the term “law” means.
Describe the purpose and importance of law in society.
Identify and access the various sources of South African law.
Explain the hierarchical structure of the South African court system.
Define the term “jurisdiction”.
Recognize the different courts and their respective jurisdictions in South
Africa.
Apply all the above concepts to practical case scenarios.
,1. Why Society Needs Rules
Human beings are social by nature and constantly interact with one another. Because
individuals have diverse personalities, interests, and opinions, disagreements are
inevitable.
To prevent such conflicts and ensure peaceful coexistence, rules are necessary. These
rules regulate relationships among people, promote order, and help maintain harmony
within society.
Without them, chaos and disorder would prevail.
2. Types of Rules That Govern Human Behaviour
2.a Normative Systems
A normative system refers to a collection of rules designed to guide and regulate
human conduct, ensuring that people live together peacefully while their interests are
safeguarded. These systems aim to prevent disorder and maintain social stability.
The Three Main Types of Normative Systems
, Normative Ethics / Ethical Rules of Law
System Rules Positive
Morality
Definition Personal moral Moral rules Legal rules created and
standards developed by a enforced by the state to
created by an community that regulate the conduct of all
individual for apply to all its individuals within that state.
themselves. members.
Example: A Example: A
person decides community
never to drink decides that no
alcohol. member should
consume
alcohol.
Enforcement Enforced by the Enforced by the Enforced by the state
individual community and through its legal institutions.
themselves. its members.
Punishment / Feelings of guilt Social rejection, Legal penalties such as
Sanction / or a troubled disapproval, or fines, imprisonment,
Penalty conscience. exclusion by the community service,
community. correctional supervision,
corporal punishment, or
even the death penalty
(where applicable).
