100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
HFL1501 Assessment 1 Due 21 August 2024 (Detailed solution) $2.76   Add to cart

Exam (elaborations)

HFL1501 Assessment 1 Due 21 August 2024 (Detailed solution)

 45 views  0 purchase
  • Course
  • Institution
  • Book

With clear and concise explanations, this document serves as an invaluable study resource, helping students grasp complex concepts with ease.

Preview 2 out of 5  pages

  • August 15, 2024
  • 5
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
avatar-seller
HFL1501
Assessment 1
Second semester
Due date: 21 August 2024

, QUESTION 1
1.1 Specific system of law unofficially applied by certain communities but not
officially recognized:
One example is the application of witchcraft laws by certain communities, which is
not officially recognized in South African law.
1.2 Does South Africa have a hybrid legal system? Motivate your answer:
Yes, South Africa has a hybrid legal system. This is because it incorporates
elements from multiple legal traditions, including Roman-Dutch law, English common
law, indigenous African law, and more recently, constitutional law influenced by
human rights principles.
1.3 Two philosophies underpinning the universal component of South African legal
system:
The two philosophies are Natural Law and Positivism.


QUESTION 2
2.1 Historical Act containing the repugnancy clause:
The historical Act is the Black Administration Act 38 of 1927.
2.2 Does the repugnancy clause still apply in South African law today?
No, the repugnancy clause does not apply in South African law today. The clause
was intended to limit the application of indigenous law if it conflicted with Western
notions of justice. However, with the advent of the 1996 Constitution, which
recognizes and protects the application of indigenous law under the Bill of Rights,
the repugnancy clause has been rendered obsolete. Indigenous law is now applied
as long as it is consistent with the Constitution and does not violate fundamental
human rights.


QUESTION 3
3.1 One way in which the functions and method of working of the jurists of ancient
Rome differed from modern South African jurists:
Ancient Roman jurists primarily engaged in legal writing and advising, while modern
South African jurists are more involved in a broader range of functions, including
litigation, judicial decision-making, and academic work.
3.2 One way in which the functions and method of working of the jurists of ancient
Rome were similar to modern South African jurists:
Both ancient Roman jurists and modern South African jurists contribute to the
development of legal principles through their writings and interpretations of the law.

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller GeniusGears. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for $2.76. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

78998 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy study notes for 14 years now

Start selling
$2.76
  • (0)
  Add to cart