Summary study book The South African Law of Persons and Family Law of A. H. Barnard, D. S. P. Cronjé, Pierre Johannes Jeremia Olivier - ISBN: 9780409046212 (ILW1501 study notes)
• By ignoring/ disobeying the law we may be prosecuted and punished or ordered to pay
compensation for damage or injury.
Sa law can be divided into two main divisions of public law and private law
Public law Individual(s) - State
The law
Individual -
Private law
Individual
South African law can be divided into two main divisions of formal law(procedural) and
substantive(material) law
Deals with the procedures that must be
Formal/procedural law followed in legal proceedings ( rules,
conduct, evidence)
The law
Determines the content & meaning of
Substantive/material law
the different legal rules
Normative system that rule/govern human behaviour
To whom do the rules apply Sanction for non- compliance Enforce of
sanction
The law Norms which the whole community *Prosecution or punishment State organs
regards as binding and must be obeyed *Compensation to an injured party
, lOMoARcPSD|4339232
Religion A set of rules in accordance with the Every religion has its own sanction Each separate
people who practice that religion or punishment religion
Individual morality Norms/ standards that every individual The sanction is personal and self- The individual
sets for himself imposed
Community mores Norms of a whole community or group Varying degrees of The community
(collective morals) within that community disapproval/rejection/ discrimination
by other members of the community
Justice: equality before the law
Formal Justice Substantive justice
Deals with the procedures that must be followed Concerns the content of the rule and not the way
in legal proceedings(rules, conduct, evidence) in which it is applied
Basic requirements that must be met for formal Here the content of the rule is looked at to
justice to be achieved: determine whether it is just and fair.
• There must be explicit rules laid down to Examples:
show how people must be treated in The apartheid rules were specific, applied to all
specific cases. and were applied impartially- however, the content
• The rules must apply generally (all people of the rules were unjust and therefore justice was
in the group under the same not served
circumstances)
• The rules must be applied impartially by a
legal institution(judge may not be biased)
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