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SCL1501-21 ASSIGNMENT 01
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- LLB (SCL150121)
- Institution
- University Of South Africa (Unisa)
SCL1501-21 ASSIGNMENT 01
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_____________________________________________Assignment: 01 – SCL1501-21 – SKILLS COURSE
FOR LAW STUDENTS
_____________________________________________
Question 1:
Explain the concept “law” and thereby show how it is different from other
social rules and norms.
The law in the narrower sense is the only set of rules for human behaviour that is
recognized by the state and, if necessary, enforced. The term "law" implies different
interpretations about rules, norms and what it should be. These rules are
acknowledged by the State. A norm is a standard of human behaviour or a rule of
human behaviour and cannot be imposed by the state.
The difference between norms and laws, however, is that laws affect the entire
community. Everyone has to abide by the law. Social rules or norms are conventions
that affect only one person or a small group of people.
Very often the legal and moral standards are separate. For instance, parking on a
yellow line is illegal but not commonly regarded as immoral.
Question 2:
“State” is a non-physical entity, an abstract notion or phenomenon created by
citizens through their deemed agreement (i.e. social contract).
In light of the above statement, explain the concept “state” fully, and say why
the agreement by citizens in this regard is said to be “deemed”.
A state is a nonconcrete, non-physical or theoretical unit to which a nation belongs
(people with a common identity). Ideally, it stays the same. Hence, the excerpt
shows the idea that citizens play a role in maintaining law and order in a democratic
country. The basis of this paper is the notion of a "social contract" that all citizens
have signed or agreed to determine how they live together, creating a sense of
order, security and protection. The rule of law is therefore the basis of the social
contract. In general, the term "social contract" refers to a situation in which citizens
have voluntarily come together and agreed on a set of rules by which their lives will
be organized. and thus create a feeling of order, security and protection. In this
sense, a state of "rule of law" arises. A social contract assumes that all citizens have
agreed to a set of rules or laws to create peace and order.
1
, “However, we need to examine our environment, and ask problematic
questions such as, “whose law?” Obviously it’s the law of the dominant class
in that society (Study Guide, p.7)
Which class does the South African law, including the constitution, serve?
Explain fully.
Laws are passed by the legislative wing of the government are binding on all citizens
of the country and all people living within South Africa's borders. and that of the
government.
The constitution ensures that people's human rights are protected from arbitrary
interference by the state, other individuals, groups, and other dominant
organizations.
A legal system is created by citizens and is essentially intended to serve them. With
this in mind, we usually say that a legal system derives its legitimacy and life from
citizens agreeing to be controlled or subordinated in a so-called social contract.
Question 3:
Read the “Lephepane Village” story on page 10 of your Study Guide and use it
as an anchor for your explanation of the notion of “praxis”.
Paul Freire defines praxis as the notion which requires that every aspect of
knowledge should be accompanied by application or action. According to the notion
(of praxis), what is required is active reflection and reflective action.
From the Lephepane Village story, it is not adequate to get that qualification, but
rather what is imperative is to be able to use that qualification effectively when the
situation demands it.
A key factor for a subjective being is the ability to reflect. That is why “praxis” is said
to encompass “action and reflection”, and therefore becomes a reflective practice
Refer to Kgalema Motlanthe’s remarks (see learning unit 2) in your Study
Guide and do activity 2.2.
What is the central message that Kgalema Motlanthe sends through this text
The extract by Kgalema Motlanthe focuses on this important aspect that
characterizes man, according to Motlanthe, reflection is the main element that
separates man from robots and parrots, in this context he highlights the point that in
the absence of self-reflection, individuals are no different from nonhumans (e.g.
robots and parrots). In other words, we lose our personality and become
"depersonalized". In fact, a robot or parrot mind cannot question, take possession of
the information, relate the facts to real situations or relevant practices, and
participate / dialogue about the information.
2
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