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FSAL TERM 1: SUMMARY OF LECTURES 1-15 (92 PAGES SUMMARISING 256 SLIDES, SAVE TIME) R100,00
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  3. University Of Cape Town (UCT)
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  5. Foundations Of South African Law (PVL1003W)

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FSAL TERM 1: SUMMARY OF LECTURES 1-15 (92 PAGES SUMMARISING 256 SLIDES, SAVE TIME)

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is it difficult to summarise and chose what's important in the FSAL powerpoints? look no further -92 PAGES SUMMARISING 256 SLIDES, SAVE TIME (excluding the remaining pages that are blank, and the Stuvia cover page). -summary and key points of all lectures in Term 1, first year -15 lectures s...

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  • June 11, 2021
  • 101
  • 2020/2021
  • Class notes
  • B naude
  • All classes

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FSAL SUMMARY NOTES
LECTURES 1-15
MOST IMPORTANT KEY POINTS


**These are key points taken from Prof. Naude’s PowerPoint presentations and based on text from “FRESH
PERSPECTIVES: INTRODUCTION TO SOUTH AFRICAN LAW BY MEINTJIES-VAN DER WALT”.
SOME parts are directly quoted, others have been simplified by me. I do not take credit for any knowledge
expressed in this document, only the summary of notes and easy access to key points that I found important**

Bibliography

- Naude, Barnard. “FSAL Lecture [1-15]” 24 Apr. 21
- Meintjies, der Walt. Introduction to South African Law. 3rd edition, Pearson Education South Africa, 2019.




Lecture 1 and 2
 Monarchy: king has sovereignty make the law and enforce it
 when laws not followed: negative consequences are called
sanctions.
 Democracy: law is made ‘by the people, for the people and must
therefore be obeyed by the people’ (5).
 law has territorial jurisdiction:
applies in a particular location in the place where those individuals
are located.
 equality before the law as the first principle of the rule of law
 Peace and order are therefore the law’s primary aims.

1

, - Functions of law

- “Setting pre-existing, impartial rules, based on criteria that can be
used to judge and settle conflicts.
- Protecting the rights and freedoms of the individual and groups.

- Facilitating or making change possible.

- Providing a mechanism to legitimize actions by the state.

- Protecting and preserving the legal system.

- Providing conduct to save society

- Providing institutions and procedures to settle disputes”
(slide 22)


Positivism vs natural law
Natural law:
- Follow a morality against which all law must be measured for its
validity.
- valuesaresaidtobe‘natural’,that is eternal or universal.

- E.g. ten commandments

- Human rights


Positivism

2

, - values not relevant for determining a law’s validity.

- e.g. according to positivism, killing another person is only a crime
if the law there says it is one
- laws are only laws when they have been declared to be so.


Lecture 3


Colonialism
1. SA Law: each colony in the British empire used, adapted and
developed the British endowment [i.e. the British system of
government and law] in different ways’.
- endorsing segregation through the ‘separate but equal' doctrine, the
South African courts were ‘nearly four decades behind the United
States Supreme Court’.
- In the South Africa of this time, all white knowledge was derived
from outside – African ideas and law ‘were deemed to be either
non-existent or uncivilised’.
- Used Roman and Renaissance legal texts to make law


- These texts were then treated as though they embodied the inherent
rationality of law and so this rationality was located in Europe and
not in Africa.
- Seen by racist state that white law contained the core of historical
rationality, not simply the commands of the advantaged.

3

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