ILW1501 EXAM PACK.

a) The different normative systems differ with regard to three aspects in particular Name these three aspects (3) i. The person to whom the rules apply ii. The sanction for non-compliance with the rules iii. The person who, or institution that, enforces the sanction Note: Normative systems regulate or govern human behaviour i. The Law ii. Religion iii. Individual Morality (Personal Morality / Ethics) iv. Community Mores b) Formal law has to comply with three basic requirements in order to achieve formal justice. Name these three basic requirements (3) i. There must be explicit rules laid down to show how people must be treated in specific cases ii. The rules must apply generally. This means that the rules must apply to all people in the group in the same circumstances. iii. The rules must be applied impartially by a legal institution. This basically means that the judge may not be biased – he or she may not apply the rules unequally c) Describe the concept “legal subject” (2) A legal subject is anyone who is subjected to (or under the control of) the norms of the law and who also may be the bearer (holder) of rights and duties. ILW1501 EXAM PREP. d) Susan Botha is an artist. She is well-known for her oil paintings. In terms of the private law she has a right to her paintings. This right concerns a dual relationship. Explain what this dual relationship involves (2) She is a legal subject (holder of a right), has a dual relationship against other legal subjects, and to the legal object in this case her artwork (example of intellectual property right) Note: Legal Object (examples) i. Motorcar (real right) ii. Good name “tom is a liar” (personality right) iii. Artwork (intellectual property right) iv. Contract (personal right) QUESTION 1 (NOVEMBER 2011) a) Name four characters of the law (4) i. The law governs human behaviour / conduct ii. The law should be obeyed by all of society iii. The law is enforced by state organs iv. By ignoring or disobeying the law we may be prosecuted and punished, or we may be ordered to compensate the party we have injured b) Rudene and Melissa are in a same-sex relationship. They live in an exclusive neighbourhood in Pretoria. The residents of this neighbourhood are very conservative. Whenever the couple walks down the street holding hands, neighbours make insulting remarks about them. i. Name and describe the normative system that you can identify from this scenario (2) Community Mores Are the norms of a whole community or group within that community. They are collective morals. Etiquette, fashion and views about free love or interracial marriage all form part of this. ii. What is the sanction for not complying with the norms of this system? (1) Disapproval of the community, although each has its own sanction c) What is the connection between “law” and “right” (3) Content of a right is limited. Rules of law decide on what the powers of the holder of a right are and on what the limits to the content of a right are.