ILW1501 Summary Notes

ILW1501 Summary Notes Study Unit 1: What is ‘law’ The relevance of law in daily life Explain what the ‘law’ is:  The law governs behaviour/conduct,  Should be obeyed by all of society and  Is enforced by state organs  By ignoring or disobeying the law we may be prosecuted and punished or ordered to pay compensation for damage or injury Two methods used to divide SA law into two main divisions: 1. SA law can be divided into the two main divisions of public law and private law Public Law: Deals with the relationship between the state and individuals Private Law:Deals with the relationship between individuals and other individuals 2. SA law can be divided into two main divisions of formal (procedural) and substantive (material) law. The Law Public Law Individual(s) State Private Law Individual(s)  Individual(s) The Law Formal/Procedural Law Deals with the procedures that must be followed in legal proceedings (rules, conduct, evidence) Substantive/Material Law Determines the content & meaning of the different legal rules Downloaded by: ToniHasenjager | Distribution of this document is illegal S - The study-notes marketplace THE EXPERT IN ANYTHING WAS ONCE A BEGINNER 2 Normative systems that rule/govern human behaviour: To whom do the rules apply? Sanction for noncompliance Enforcer of sanction The Law Norms which the whole community regards as binding and must be obeyed *Prosecution or punishment *Compensation to an injured party State organ Religion A set of rules in accordance with the people who practice that religion Every religion has its own sanction or punishment Each separate religion Individual morality Norms/standards that every individual sets for himself The sanction is personal and selfimposed The individual Community mores (collective morals) Norms of a whole community or group within that community Varying degrees of disapproval/rejection / discrimination by other members of the community The Community