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DSC1520 ASSIGNMENT 4 SEMESTER 1 - 2022 (526807)

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DSC1520 ASSIGNMENT 4 SEMESTER 1 - 2022 () DUE DATE: 21 APRIL 2022

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Masters
IND2601 ASSIGNMENT 1
SEMESTER 2 - 2022

, 1. List and discuss the factors that promote the observance of customary law.

It is significant that the vast majority of the members of any community generally observe
most rules for living, including legal rules, faithfully on a daily basis without feeling that they
are being “forced'' to comply. The motives for such voluntary observance of the law often
indicate that a particular rule is a rule of law, even though its nature has never been
determined by a court.

Why do people voluntarily observe legal rules and rules for living? The availability of law
enforcing organs such as the police, courts, and judges certainly encourages the observance
of the law in any community, but in many communities there are other factors that are
more important than the availability of such organs.
As far as customary law is concerned, the following factors may be of importance in this
respect:

 The religious or sacral (holy) element of the law. E.g. religious & cultural beliefs.

 Public opinion, and particularly sensitivity about what other people may think and
say about one's behaviour. (In customary law, the interests of the community are
very important.)

 The knowledge that, if a person is harmed, that person will endeavour to get
compensation or will take measures to protect him- or herself. (African customary
law, for instance, allows for the use of all kinds of medicines to protect a person
from harm/sorcery.

 The fact that everybody in the community has a broad general knowledge of the
law. This is because there is general participation in the legal process, and the law is
handed down, orally, from one generation to the next. In short, everybody has an
opportunity to find out how the law operates in that particular society.

 Fear of punishment. Especially punishment of supernatural origin, when the conduct
in question conflicts with accepted legal principles.

 The influence of indigenous leaders in the community. These people are regarded
as the living representatives of the ancestors and are responsible for the
community's observance of the law, without there necessarily being, or even before
there is, any question of a formal legal ruling.




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