Exam (elaborations)
IND2601 Assignment 1 Semester 2 2022
- Institution
- University Of South Africa (Unisa)
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IND2601Assignment 1 Semester 2 2022 Unique #:
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, IND2601 ASSIGNMENT 1
QUESTION 1
List and discuss the factors that promote the observance of customary law
• The religious element of the law: People follow the law to be in accordance
with their personal religious beliefs. In Customary law, it is believed that the laws
are derived from the ancestors and that these laws must be observed, as
deviations might result in punishment.
• Public opinion: In Customary law, the interests of the community are the focus
point, and there is concern about what the community may think of a member’s
behaviour.
• The knowledge that, if a person is harmed, that person will aim to get
compensation: Customary law allows for the use of medicines to protect a
person from harm, and there’s a strong belief in sorcery within these
communities. Hence one should not harm or cause damage to others for fear
of vengeance.
• Everybody within the community has a broad general knowledge of the
law: Everybody has an opportunity to find out how the law operates in that
particular society.
• Fear of punishment: This refers especially to punishment of supernatural
powers, when a person’s behaviour is against accepted legal principles.
• The influence of indigenous leaders in the community: They are regarded
as the living representatives of the ancestors & are responsible for the
community following the law. For example, they played an important part in
allocation of land, in admitting strangers to the communal territory and in
communicating with the ancestral spirits.
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