, PLEASE USE THIS DOCUMENT AS A GUIDE TO ANSWER YOUR ASSIGNMENT
Question 1
1.1. Define the parameters of the concept of “social contract”.
The concept of the "social contract" refers to an implicit agreement in which citizens collectively
consent to a set of rules and regulations that govern their interactions. Its parameters include the
purpose of organizing society to maintain peace and order, resulting in a system of certainty,
protection, and the rule of law. Citizens entrust their power and resources to an abstract authority, the
state, which relies on human representatives, such as the government, to enforce laws and provide
services. The legitimacy of this system stems from citizens' consent to be governed, as evidenced in
legal frameworks like the Constitution, which upholds order and protects human rights (SCL1501,
2019:p91).
1.2. Distinguish between the following terms: prosecutors and state advocates, state attorneys
and attorneys.
The distinction between prosecutors and state advocates, as well as between state attorneys and
private attorneys, lies primarily in their clientele, employer, and the level of courts in which they
operate. Prosecutors and state advocates are both part of the National Prosecution Authority and
share the role of prosecuting cases on behalf of the state. However, prosecutors generally appear in
lower courts, while state advocates typically represent the state in higher courts (SCL1501,
2019:p92).
State attorneys are civil servants employed by the government to represent the state or its
departments in civil legal matters, handling actions and disputes on behalf of the government. Their
work is akin to that of private attorneys, but their clients are exclusively government entities
(SCL1501, 2019:p96). In contrast, private attorneys work with the general public, providing a range
of legal services such as drafting contracts and representing clients in litigation. Private attorneys
primarily practice in lower courts (SCL1501, 2019:p97).
The Legal Practice Act of 2014 has introduced a unified regulatory body, the Legal Practice Council,
for all legal practitioners, but the distinctions between these roles remain important for understanding
the functioning of the legal system (SCL1501, 2019:p93).
1.3. Define the term “law” and explain how it differs from rules in general.
The term "law" refers to a system of rules recognized by the state, created to govern human conduct
within society. It establishes duties and rights, guiding the actions of individuals in relation to society,
property, and the environment. The primary function of law is to maintain peace and order by
balancing individual rights with the needs of the community, ensuring certainty, protection, and a
sense of justice. Unlike general rules, laws are enforceable by the state and carry consequences for
non-compliance, such as criminal sanctions or civil penalties. Law is not neutral, as it reflects the
values of those in power, and plays a crucial role in preventing chaos and maintaining social order
(SCL1501, 2019:p2).
Question 1
1.1. Define the parameters of the concept of “social contract”.
The concept of the "social contract" refers to an implicit agreement in which citizens collectively
consent to a set of rules and regulations that govern their interactions. Its parameters include the
purpose of organizing society to maintain peace and order, resulting in a system of certainty,
protection, and the rule of law. Citizens entrust their power and resources to an abstract authority, the
state, which relies on human representatives, such as the government, to enforce laws and provide
services. The legitimacy of this system stems from citizens' consent to be governed, as evidenced in
legal frameworks like the Constitution, which upholds order and protects human rights (SCL1501,
2019:p91).
1.2. Distinguish between the following terms: prosecutors and state advocates, state attorneys
and attorneys.
The distinction between prosecutors and state advocates, as well as between state attorneys and
private attorneys, lies primarily in their clientele, employer, and the level of courts in which they
operate. Prosecutors and state advocates are both part of the National Prosecution Authority and
share the role of prosecuting cases on behalf of the state. However, prosecutors generally appear in
lower courts, while state advocates typically represent the state in higher courts (SCL1501,
2019:p92).
State attorneys are civil servants employed by the government to represent the state or its
departments in civil legal matters, handling actions and disputes on behalf of the government. Their
work is akin to that of private attorneys, but their clients are exclusively government entities
(SCL1501, 2019:p96). In contrast, private attorneys work with the general public, providing a range
of legal services such as drafting contracts and representing clients in litigation. Private attorneys
primarily practice in lower courts (SCL1501, 2019:p97).
The Legal Practice Act of 2014 has introduced a unified regulatory body, the Legal Practice Council,
for all legal practitioners, but the distinctions between these roles remain important for understanding
the functioning of the legal system (SCL1501, 2019:p93).
1.3. Define the term “law” and explain how it differs from rules in general.
The term "law" refers to a system of rules recognized by the state, created to govern human conduct
within society. It establishes duties and rights, guiding the actions of individuals in relation to society,
property, and the environment. The primary function of law is to maintain peace and order by
balancing individual rights with the needs of the community, ensuring certainty, protection, and a
sense of justice. Unlike general rules, laws are enforceable by the state and carry consequences for
non-compliance, such as criminal sanctions or civil penalties. Law is not neutral, as it reflects the
values of those in power, and plays a crucial role in preventing chaos and maintaining social order
(SCL1501, 2019:p2).
