Intro to Law Studying Start:
From the beginning now:
Term 1: What is Law?
We need rules of conduct to govern society
Linked in to Morality. Our internal guidance system
The law should reflect our collective morality or societal norms
This is how we get the law.
What exactly are the purpose of these rules? 1. To regulate the interaction between
humans and also humans and things. 2. Also to know what is acceptable or not 3.
What is permittable or not and to also hold people accountable for their actions.
In SA our basic human rights are enshrined in our Constitution
The constitution in South Africa shapes our rule of law and it is the supreme law of
South Africa. It is based on values of human dignity, freedom and equality.
Fundamental human rights that everyone is afforded is found in the Constitution
based on the above values. These human rights are to be respected both by the
State and private persons and entities. That is, unless it is reasonable and justifiable
to deviate from the basic right e.g. affirmative action
There are two main subdivisions of the law, Public Law which constitutes
Constitutional Law, Administrative Law, Criminal Law and International Law. Then
Private Law which is the Law of Things, Family Law, Law of Persons, Law of
Succession.
Legal Subjects have certain rights and obligations towards other legal subjects and
legal objects.
What is the objective of the Legal System? Lawmaking is a vital part and that is the
duty of the legislature. Interpretation and adjudication which is carried out by the
judiciary. Law enforcement, legal administration, legal advice and representation>
Lawyers. Society needs the law to operate efficiently
There are factors that influence legal effectivity:
Public Awareness, understanding and acceptance of the law
Enforcement of the Law
Clarity in drafting the law
Consistency in applying the law
Change but also stability in the law
New lecture: Legal sources
NB definition. What are legal sources? Authoritative rules that define the law
There are two kinds of sources of law:
Primary sources and Secondary Sources:
Primary sources refer to law made by institutions with lawmaking authority e.g. the
legislature in Parliament
Secondary Sources have no binding legal authority but provide more information on
primary sources e.g. writings and texts by academics or lawyers. They usually
provide an overview and criticism.
Reasons for recognition of legal sources:
We want to use these legal sources
We have to ask ourselves though who created the legal source and thus, whether
the legal source has any authority
From the beginning now:
Term 1: What is Law?
We need rules of conduct to govern society
Linked in to Morality. Our internal guidance system
The law should reflect our collective morality or societal norms
This is how we get the law.
What exactly are the purpose of these rules? 1. To regulate the interaction between
humans and also humans and things. 2. Also to know what is acceptable or not 3.
What is permittable or not and to also hold people accountable for their actions.
In SA our basic human rights are enshrined in our Constitution
The constitution in South Africa shapes our rule of law and it is the supreme law of
South Africa. It is based on values of human dignity, freedom and equality.
Fundamental human rights that everyone is afforded is found in the Constitution
based on the above values. These human rights are to be respected both by the
State and private persons and entities. That is, unless it is reasonable and justifiable
to deviate from the basic right e.g. affirmative action
There are two main subdivisions of the law, Public Law which constitutes
Constitutional Law, Administrative Law, Criminal Law and International Law. Then
Private Law which is the Law of Things, Family Law, Law of Persons, Law of
Succession.
Legal Subjects have certain rights and obligations towards other legal subjects and
legal objects.
What is the objective of the Legal System? Lawmaking is a vital part and that is the
duty of the legislature. Interpretation and adjudication which is carried out by the
judiciary. Law enforcement, legal administration, legal advice and representation>
Lawyers. Society needs the law to operate efficiently
There are factors that influence legal effectivity:
Public Awareness, understanding and acceptance of the law
Enforcement of the Law
Clarity in drafting the law
Consistency in applying the law
Change but also stability in the law
New lecture: Legal sources
NB definition. What are legal sources? Authoritative rules that define the law
There are two kinds of sources of law:
Primary sources and Secondary Sources:
Primary sources refer to law made by institutions with lawmaking authority e.g. the
legislature in Parliament
Secondary Sources have no binding legal authority but provide more information on
primary sources e.g. writings and texts by academics or lawyers. They usually
provide an overview and criticism.
Reasons for recognition of legal sources:
We want to use these legal sources
We have to ask ourselves though who created the legal source and thus, whether
the legal source has any authority
