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Law refers to that system of rules which is aimed at governing human conduct and
behaviour that is recognized by the state and where applicable enforced Law creates
rights and obligations. For instance, where citizens carry out or perform certain acts,
such as paying taxes, obeying the rules of the road, respecting the rights of other
legal subjects, it could be said that a system of law and order exists.
Any individual who contravenes and breaks the rules of the law, for example, by
crossing through a red traffic light, may be punished by the state.
In contrast to the concept of law which is enforced by the state if not observed, there
are norms and rules which are also aimed at controlling a human conduct in a
particular way, however, non-compliance with this rule will not cause the state to
punish and prosecute an individual for such non-compliance. A sound example of
this would be where an individual disregard the rules of a church, sporting game and
household rules.
Question 2
2.1 State may be described as an organised political community occupying a certain
territory and whose members live under one authority of a constitution. The concept
state entails the idea that, members of the society have a common government to
which, by social contract they have entrusted the responsibility to protect and
maintain peace.
Therefore, it deemed that, the citizens have agreed that they will be governed in line
with the principles of the social contract (constitution)which they have freely adopted
through their representatives. This idea may further be illustrated by a part of a
wording of the preamble of the constitution which read:
“We the people of South Africa, recognise the injustices of our past …, we therefore, through
our freely elected representatives, adopt this constitution as the supreme law of the Republic
so as to heal the divisions past and establish a society based on democratic rules …”
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