ILW1501 Notes-Summary.

STUDY UNIT 1 – What is “law” What is Law The law: → is a set of rules / norms that governs human behaviour / conduct. → should be obeyed by all of society & is binding → is enforced by the state / state organs & → when you do something wrong, you may be prosecuted & punished or be ordered to compensate the other party you have injured SA Law Has Two Main Divisions 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 2. SA law can be divided into two main divisions of formal (procedural) and substantive (material) law. Explain the difference between legal norms and other norms? Some law→ norms (rules) → determine how one should interact and behave with another. This is what separate laws from those that are not norms. Therefore: A legal norm (law) binds all people. Other norms / other laws → law of chess→ bind only those who are playing. The Law and other normative systems. Normative systems that governs human behaviour: → Religion / Individual Morality / Community Mores Religion: 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 ILW1501 Notes-Summary. Each religion has → code (a set of rules) to live by → sanction (punishment) for those disobeying There are many questions with regard to the relationship between religion and law. Although there are many differences and similarities, they might overlap, and cannot often be divided into separate categories. There are different view points in this regard:  Religion and law should be mutually exclusive  Religion and law should have the same content. These views may be criticised as follow:  There are many similarities & differences Differences: Religion → 10 Commandments → not convey neighbour’s possessions Law → this is not enforced Religion → Adultery is a sin Law → Adultery is not a crime Similarities: → Western legal tradition is influenced by Christian thought (canon law) → Canon law is the basis of:  Modern Matrimonial law  Regulation of sexual relationships  Contracts may be concluded by mere agreement → Content of law & religion same → offences in: Murder / Fraud / Theft / Perjury → Both religion & law → studied by interpreting authorotative text:  Ritual formalities & fixed procedure → NB role → SA law favour Christian Religion:  In criminal law Blasphemy → criminal offence & pertains to Christian God  Christian holidays → Christmas / Good Friday Individual morality (personal morality / ethics) → not enforced by law → They are personal, self- inflicted rules of each individual → Norms / standards of behaviour each person sets for himself  not to drink too much / honesty / not to lye → can form part of religious convictions  not to tell lies (both individual &religious norms) → May go hand in hand with certain legal rules  honesty is violated when crimes of fraud are committed → Where a norm of individual morality coincide with a legal norm → only then will the law step in / intervene Community mores → Collective morals of a whole community / group in that community. → Different from religion & morality → not private matters of specific individual → Mores differ from each community→ ex. Unmarried couples living together (some may accept & others not) → Origin of some community mores→ may be found in religious convictions (gay-forbidden) → Law & community mores may coincide→ possession & sale of harmful drugs (disapproved by community & criminal offence) → Law & community mores may differ → law may not support these mores (there may not be laws good enough to prevent distribution of child pornography) → community may feel that present censorship laws are too strict & should be relaxed To whom do the rules apply? Sanction for non-compliance 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 self-imposed 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 Justice Justice = “equality before Law” In SA Law there are two types of justice Formal Justice and Substantive Justice. Formal Justice: Formal law → deals with the procedures that must be followed in legal proceedings. → certain basic requirements must be met, → when these basic requirements are met, always applied, in exactly the same way → Formal Justice→ achieved → basic requirements:  Explicit rules→ how people must be treated in specific cases  Rules applied generally→ all people→ same circumstances