HISTORICAL FOUNDATIONS OF SOUTH AFRICAN LAW (HFL1501)
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HFL1501 Assignment 1 Semester 2 2024 | Due 21 August 2024
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Course
HISTORICAL FOUNDATIONS OF SOUTH AFRICAN LAW (HFL1501)
Institution
University Of South Africa (Unisa)
Book
Historical Foundations of South African Private Law
HFL1501 Assignment 1 Semester 2 2024 | Due 21 August 2024. All questions were answered with references.
QUESTION 1
Answer the following questions regarding the nature of the South African legal system:
1.1 Name a specific system of law mentioned in the HFL1501 Study Guide that is unofficially...
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HISTORICAL FOUNDATIONS OF SOUTH AFRICAN LAW (HFL1501)
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Question 1
1. Answer the following questions regarding the nature of the South African legal system:
1.1. Name a specific system of law mentioned in the HFL1501 Study Guide that is unofficially
applied by certain communities, but that is not officially recognised in South Africa.
A system of law mentioned in the study guide that is unofficially applied by certain communities but
not officially recognized in South Africa is "Customary law." Customary law refers to traditional
norms and practices followed by various communities in South Africa, but it may not be officially
codified or recognized by the formal legal system.
(Study Guide - Page: 5)
1.2. Does South Africa have a hybrid legal system? Motivate your answer.
Yes, South Africa does have a hybrid legal system. The motivation for this answer is that South
Africa's legal system incorporates elements from different legal traditions, including Roman-Dutch
law, English common law, and African customary law. This combination of influences from both
civil law and common law traditions, along with indigenous law, makes South Africa's legal system
a hybrid or mixed system.
(Study Guide - Page: 65)
1.3. The universal component of the South African legal system has its origins in two different
philosophies. Name these two philosophies discussed in the HFL1501 Study Guide.
The universal component of the South African legal system has its origins in two different
philosophies: "Natural law" and "Human rights philosophy." These philosophies emphasize the
importance of fundamental rights and justice, which are incorporated into South Africa's legal
framework.
(Study Guide - Page: 60)
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