Intro To Law: Chapter 1
Created @March 23, 2022 2:20 PM
Class
Type
Materials
Reviewed
Chapter 1
The Law
Why Law?
presupposes a society
Need for the structure of authority/government
The Rule Of Law
Social contract: give up unlimited freedom to make co-existence possible. submit to
the authority of the state
Society: group/collective of people
What is Law?
rules and principles that regulate human interaction
Order and certainty in society
Enforced by state authorities - police, prison authorities, sheriff etc.
Legislation: written by democratically elected bodies - parliament
Intro To Law: Chapter 1 1
, Customary law: Law of First Nation peoples of Africa - African Law
Common-Law: inherited from SA Colonial heritage
Custom: practices that develop as law
Case Law: court decisions
International Law: law drafted by agreement between different states
the law should reflect the shared values of the society/population
Below a legal system is a value system
Value system
Economic values - market capitalism/socialism
Political values - democracy/one-party dictaorship
Social values - equality or class differences
Moral values - conservative or permissive
If legal rules do not reflect the value system → legitimacy crisis: members of the
society lose belief and confidence in their legal system.
Law and Morality
Law: a set of norms that distinguish good from the bad.
Various other normative systems: >>>>
Religion
Determines the relationship between individual and Supreme Being.
Can lead to extreme views. Law and Religion:
Intro To Law: Chapter 1 2
Created @March 23, 2022 2:20 PM
Class
Type
Materials
Reviewed
Chapter 1
The Law
Why Law?
presupposes a society
Need for the structure of authority/government
The Rule Of Law
Social contract: give up unlimited freedom to make co-existence possible. submit to
the authority of the state
Society: group/collective of people
What is Law?
rules and principles that regulate human interaction
Order and certainty in society
Enforced by state authorities - police, prison authorities, sheriff etc.
Legislation: written by democratically elected bodies - parliament
Intro To Law: Chapter 1 1
, Customary law: Law of First Nation peoples of Africa - African Law
Common-Law: inherited from SA Colonial heritage
Custom: practices that develop as law
Case Law: court decisions
International Law: law drafted by agreement between different states
the law should reflect the shared values of the society/population
Below a legal system is a value system
Value system
Economic values - market capitalism/socialism
Political values - democracy/one-party dictaorship
Social values - equality or class differences
Moral values - conservative or permissive
If legal rules do not reflect the value system → legitimacy crisis: members of the
society lose belief and confidence in their legal system.
Law and Morality
Law: a set of norms that distinguish good from the bad.
Various other normative systems: >>>>
Religion
Determines the relationship between individual and Supreme Being.
Can lead to extreme views. Law and Religion:
Intro To Law: Chapter 1 2
