Introduction To Law
What is Law 1
◊ Law governs human behaviour
◊ Obeyed by all of society
◊ It is enforced by state organs
◊ Disobeying the law you may be prosecuted and punished.
SA Law Has Two Main Divisions
Public law & Private law
Public Law: Deals with the relationship between the state and
individuals
Private Law: Deals with the relationship between individuals and
other individuals.
The Law can also be divided:
Formal Law: deals with the procedures that must be followed in legal
proceedings (the way we act in court, evidence allowed)
Substantive Law: part of law that determines the content and the meaning
of different legal rules.
, Introduction To Law
2
The Law and other normative systems.
Normative systems are systems other than the law that govern human
behaviour.
Religion:
Every religion has a code by which the people who follow it live by.
Every religion also has a sanction (punishment) if this code is broken.
It is not the states task to enforce religious norms but religious
freedom must be made possible by the state.
Their are similarities between law and religion like the regulation of
sexual relationships and murder and so forth
Their are also differences like adultery is not a crime but it is a sin.
Their are certain aspects that the SA law is in favour of like in
criminal law Blasphemy is a crime but only with the Christian God
Blasphemy= the act of insulting or showing contempt to a God.
Individual Morality:
This is the norms and standards that each person sets for himself.
A individuals morality may sometimes coincide with their religion or
with certain legal rules, like not telling a lie or being dishonest with
fraud.
The sanction for disobeying these rules are personal and self
imposed
Community Mores:
Norms of a whole community, they are collective morals.
Law and community mores may also coincide like the possession and
sale of harmful drugs, it is disapproved by the community and it is a
criminal offence.
The sanction for breaking these norms may be rejection.
What is Law 1
◊ Law governs human behaviour
◊ Obeyed by all of society
◊ It is enforced by state organs
◊ Disobeying the law you may be prosecuted and punished.
SA Law Has Two Main Divisions
Public law & Private law
Public Law: Deals with the relationship between the state and
individuals
Private Law: Deals with the relationship between individuals and
other individuals.
The Law can also be divided:
Formal Law: deals with the procedures that must be followed in legal
proceedings (the way we act in court, evidence allowed)
Substantive Law: part of law that determines the content and the meaning
of different legal rules.
, Introduction To Law
2
The Law and other normative systems.
Normative systems are systems other than the law that govern human
behaviour.
Religion:
Every religion has a code by which the people who follow it live by.
Every religion also has a sanction (punishment) if this code is broken.
It is not the states task to enforce religious norms but religious
freedom must be made possible by the state.
Their are similarities between law and religion like the regulation of
sexual relationships and murder and so forth
Their are also differences like adultery is not a crime but it is a sin.
Their are certain aspects that the SA law is in favour of like in
criminal law Blasphemy is a crime but only with the Christian God
Blasphemy= the act of insulting or showing contempt to a God.
Individual Morality:
This is the norms and standards that each person sets for himself.
A individuals morality may sometimes coincide with their religion or
with certain legal rules, like not telling a lie or being dishonest with
fraud.
The sanction for disobeying these rules are personal and self
imposed
Community Mores:
Norms of a whole community, they are collective morals.
Law and community mores may also coincide like the possession and
sale of harmful drugs, it is disapproved by the community and it is a
criminal offence.
The sanction for breaking these norms may be rejection.
