SCL1501
ASSIGNMENT 1
DUE DATE: 28 AUGUST 2025
, SCL1501
ASSIGNMENT 1 2025
DUE 28 AUGUST 2025
Question 1
1.1 Define the parameters of the concept of “social contract”
The social contract refers to an agreement among members of a society to be governed
by a system of rules that they have willingly adopted. Through this consensus, citizens
agree to be bound by a legal system that ensures order, certainty, and protection. This
contract is the basis of the legitimacy of a state governed by the rule of law, where
citizens are not merely passive subjects but active legal actors, participating in legal
processes such as elections, referenda, and litigation as complainants, defendants, or
witnesses.
Humby et al, 2012:261–279
1.2 Distinguish between the following terms: prosecutors and state advocates,
state attorneys and attorneys
Prosecutors and State Advocates - Both act on behalf of the state in criminal matters
and derive their authority from the National Prosecuting Authority (NPA). While
prosecutors generally appear in lower courts, state advocates represent the state in
higher courts. They both fall under a hierarchy that starts with the National Director of
Public Prosecutions.
State Attorneys and Attorneys - Both handle civil legal matters, but the key difference
lies in their employer. State attorneys are employed by the government and
represent the state in civil proceedings. On the other hand, attorneys are private legal
practitioners who may represent individuals, corporations, or organisations.
ASSIGNMENT 1
DUE DATE: 28 AUGUST 2025
, SCL1501
ASSIGNMENT 1 2025
DUE 28 AUGUST 2025
Question 1
1.1 Define the parameters of the concept of “social contract”
The social contract refers to an agreement among members of a society to be governed
by a system of rules that they have willingly adopted. Through this consensus, citizens
agree to be bound by a legal system that ensures order, certainty, and protection. This
contract is the basis of the legitimacy of a state governed by the rule of law, where
citizens are not merely passive subjects but active legal actors, participating in legal
processes such as elections, referenda, and litigation as complainants, defendants, or
witnesses.
Humby et al, 2012:261–279
1.2 Distinguish between the following terms: prosecutors and state advocates,
state attorneys and attorneys
Prosecutors and State Advocates - Both act on behalf of the state in criminal matters
and derive their authority from the National Prosecuting Authority (NPA). While
prosecutors generally appear in lower courts, state advocates represent the state in
higher courts. They both fall under a hierarchy that starts with the National Director of
Public Prosecutions.
State Attorneys and Attorneys - Both handle civil legal matters, but the key difference
lies in their employer. State attorneys are employed by the government and
represent the state in civil proceedings. On the other hand, attorneys are private legal
practitioners who may represent individuals, corporations, or organisations.
