Summary
Summary ILW1501 Introduction to Law Summaries unit 1-6
- Institution
- University Of South Africa (Unisa)
This is a summary of units 1-6 of the Introduction to law study guide as well as the lesson for each module
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ILW1501-2022UNIT 1 – What is Law
Characteristics of Law
• Governs human behaviour and conduct
• All of society should obey the law
• State organs enforce the law
• If you ignore or disobey the law the state can prosecute or punish you, you
can also be ordered to compensate the party you have injured
South African law can be divided in to 2 divisions
1. Public Law – deals with relationship between the state and individuals
2. Private Law – deals with relationship between individuals and other
individuals
South African Law can be divided into 2 Man divisions
1. Formal (procedural) Law
Procedures followed in legal proceedings
Determine how court cases are decided
The way we act in court
Type of evidence allowed
2. Substantive (material) Law
Determine content and meaning of legal rules
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Justice – equality before the law
Formal justice
Explicit rules for specific cases
Rules must be applied generally
Rule must be applied impartially
Substantive justice
Concerned with content of law not the way its applied
Determines meaning of legal law
To determine substantive justice, one must determine whether the rules is just
Law and other normative systems
Normative systems that govern human behaviour
Religion
Every religion has rules:
• Christian – set out in bible
• Muslim – set out in Koran
Religion also has punishments
Religion and law should be mutually exclusive this is called the
secular approach to law.
• Religion is a personal matter
• Citizens has religious freedom
• State does not interfere with religious views
In a religious states Religion and law have the same content
• Law apply religious rules
Similarities between Law and Religion
• Western legal traditions is influenced by Christian thought
• Modern matrimonial law, Conservative regulations of
sexual relationships, and verbal contract are all derived
from Church(CONNON) law.
• Religious offences such as murder fraud and theft is
prosecuted by the state
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There are however some religious indiscretions that is not regulated or prosecuted
by the state for example Adultery
Individual Morality
It refers to a person’s norms and standards
A persons Morality sometimes go hand and hand with legal
rules and religious norms
Individuals impose self-inflicted punishments when they don’t
follow these norms.
Community Mores
Collective morals
Non-Compliance led to disapproval from others
Community mores differs from one community to another
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